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91-03 OrdinanceRECORD OF ORDINANCES ~n~. Ordinance No. 91-03 Passed 20 AN ORDINANCE ADOPTING A PLAN OF OPERATION AND GOVERNANCE FOR A MUNICIPAL (OPT OUT) ELECTRIC AGGREGATION PROGRAM AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN TO THE PUBLIC UTILITIES COMMISSION OF OHIO, AND DECLARING AN EMERGENCY WHEREAS, Ohio Revised Code 4928.20 permits a municipality to aggregate customers within their jurisdiction in order to facilitate "customer choice" in electric power suppliers and to promote lower cost electric utility services within the City of Dublin; and WHEREAS, on May 6, 2003 the electors of the City of Dublin approved the City's plan to create an aggregation program for customers located within the boundaries of the City of Dublin; and WHEREAS, O hio Revised Code 4928.20 (C) requires a governmental entity interested in the automatic registration of customers under governmental aggregation, subject to customer rights to "opt-out" of such an aggregation, to adopt a plan of operation and governance for its aggregation program; and WHEREAS, the City of Dublin has developed a Plan of Operations and Governance for the electric aggregation program and advertised and conducted two public hearings on the plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, ~_ of the elected members concurring that: Section 1. Dublin City Council declares its intention to act as an opt-out aggregator under the terms of the Ohio Revised Code Section 4928.20 (C) under which the City will on an opt-out basis, enroll any eligible consumers in the City owning, occupying, controlling or using an electric load center within the City limits into the City's aggregation program. Section 2. Dublin C ity C ouncil a ffirms t hat t wo p ublic hearings were conducted on the proposed Plan of Operations and Governance and the said plan is hereby adopted. Section 3. This Council hereby adopts the City's Plan of Operations and Governance for the implementation and administration of the City's aggregation program in accordance with Ohio Revised Code 4928.20 (C). Section 4. The City Manager is hereby authorized to file the Plan of Operations and Governance with the Public Utilities Commission of Ohio in order that the City be authorized/certified as a governmental aggregator. The aggregation program shall thereafter commence in accordance with the adopted Plan of Operations and Governance that has been established pursuant to Ohio Revised Code Chapter 4928. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public health, safety and welfare by securing lower electric and natural gas rates for Dublin residents before the winter months at the lowest foreseeable levels. Therefore, this ordinance shall be effective immediately upon its passage. Passed this ~i~ day of -G {,v!2003 _._-~ yor -Presiding Officer ATTEST: Wwr+.~E Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. ~. Jerk of Council, Dublin, Ohio Department of Service 6555 Shier Rings Road • Dublin, OH 43016-8716 Phone: 614-410-4750 • Fax: 614-923-5529 CITY OF DUBLIN Memo TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager ~~5. (~.c~-u....~.~ DATE: August 26, 2003 INITIATED BY: Dana L. McDaniel, Deputy City Manager/Director of Service RE: Ordinances 91-03 and 92-03 BACKGROUND: At Council's last meeting, staff advised Council that Dublin and four other Central Ohio cities were actively negotiating with electric and natural gas suppliers. These negotiations appear to be moving forward positively and quickly. Therefore, staff desires to be in the position to execute the electric and natural gas supplier Agreements, which Council authorized at its last meeting (Resolutions 33-03 and 34-03) as soon as "opt-out aggregator" status is achieved. RECOMMENDATION: Staff recommends Council pass Ordinances 91-03 and 92-03, declare an emergency and waive the thirty-day waiting period. The emergency language is needed to ensure the public welfare by securing potentially lower electric and natural gas rates for Dublin residents before the winter months. Please address any questions to Dana McDaniel at 410-4751. Thank you. DLM/tb T-\word\DANA\MEMOS\COiJNCIL\Aggregation opt out 082603.doc CITY OF DUBLIN Department of Service 6555 Shier Rings Road • Dublin, OH 43016-8716 Phone: 614-410-4750 • Fax: 614-923-5529 Memo TO: Members of the Dublin City Council FROM: Jane S. Brautigam, City Manager~a~.~S, ~'~~ DATE: August 13, 2003 INITIATED BY: Dana L. McDaniel, Deputy City Manager/Director of Service RE: Ordinances and Resolutions regarding Electric and Natural Gas Aggregation INTRODUCTION Staff recommends Council adopt Ordinances 91-03 and 92-03 and Resolutions 33-03, 34-03, and 35-03. These Ordinances and Resolutions are fundamental to establishing the City of Dublin's electric and natural gas "opt-out" aggregation programs. BACKGROUND Early in 2003, Council certified to the May 6, 2003 ballot the questions as to whether the City of Dublin should formulate a Plan of Operations and Governance ("plan") for the purpose of establishing a municipal "opt-out" aggregation program for both electric and natural gas. Dublin electors authorized the City to do this. As a result, staff entered into agreement with American Municipal Power -Ohio (AMPO) to develop these plans for both electric and natural gas. Both plans were drafted. Two public hearings, as required by state law, were conducted for each electric and natural gas plan. These were held on July 31St and August 7th. As a result of Dublin and other communities in Central Ohio receiving the go-ahead from voters to begin the process to become "opt-out" aggregators, suppliers expressed significant interest in providing these aggregation services. Staff has been working with AMPO and other municipalities in Central Ohio (Bexley, Gahanna, Reynoldsburg and Upper Arlington) to develop a framework for a supplier Agreement for both electric and natural gas. Additionally, the Central Ohio communities mentioned above have expressed a desire to continue to work together on an ongoing basis to leverage their collective "loads/volume" for electric and natural gas aggregation purposes. It has become evident that working together will benefit all those who participate. The Ohio Revised Code permits the formation of entities under a "council of governments", as it is commonly referred to, in order to work together and cooperate on various matters. The City's legal staff has significantly researched this and has been working with staff to put together what the five communities are calling the Central Ohio Public Energy Council (COPEC). 8-13-03 D. McDaniel Electric/Natural Gas Aggregation Legislation Page 2 Ordinances Attached, you will find Ordinances 91-03 & 92-03 adopting the Plans of Operation and Governance for each electric and natural gas. Attached to each Ordinance is an outline/presentation providing a summary of each plan and the actual plan itself for each electric and natural gas aggregation. The outlines/presentations do a nice job of providing an overview of each aggregation program and plans. Resolutions Resolutions 33-03 & 34-03 are presented for Council's consideration. These Resolutions, if passed, will authorize the City Manager to enter into Agreements with a Competitive Retail Electric Service (CRES) provider and a Competitive Retail Natural Gas Service (CRNGS) provider. The draft agreements are attached to each Resolution. Staff is pursuing this authorization without specific company names being finalized for two reasons: (1) negotiations are ongoing, and (2) the City Manager must be in a position to quickly execute an Agreement when market conditions are in the best interest of the City. The frameworks of the Agreements are basically the same, and most reputable providers are willing to agree to these frameworks. However, the real potential benefit is in the bottom-line price. This price depends significantly on "futures" which fluctuate nearly daily. Therefore, it is imperative that the City Manager be able to execute the Agreement(s) at the time when market conditions appear to be most beneficial to the City. Providers are not willing to agree to price then wait on other processes. City Councils in Bexley, Gahanna and Upper Arlington have authorized their respective managers/mayors to execute Agreements in this fashion. Staff is hopeful, Dublin City Council will also agree to this arrangement in order to gain the same benefit. We are coming upon a critical time in the year to try to secure favorable rates, especially in natural gas. Any such Agreement would of course be contingent upon the City receiving its aggregator status from the PUCO. Resolution 35-03, if passed, recognizes COPEC and authorizes the City Manager to ensure the City's membership. Membership in COPEC will bring those benefits noted in both the Resolution and in the Code of Regulations, which is attached to the Resolution. COPEC's Code of Regulations is attached in order that Council sees its intent and governing document. COPEC is intended to facilitate cooperation among its participating members. Such an organization can be as simple or a s complex as the organization desires. The founding m ember communities, mentioned above, intend for this organization to serve a coordinating and cooperating function only, at this point. It is not our intent to initially be a sophisticated organization. Northeast Ohio Public Energy Council (NOPEC), as an example, is a similar organization of well over 100 municipal and governmental entities with an annual budget of over $600,000. The COPEC cities considered m embership i n t his o rganization a nd d ecided t hat t hey d id n of d wire t his 1 evel o f sophistication. NOPEC is to be commended on their accomplishments. However, COPEC, if formed, desires to grow its membership as an opportunity for other Central Ohio communities but with a focus on cooperation and coordination. Potential member cities listed above each have individual Agreements with AMPO and will execute individual Agreements with suppliers. 8-13-03 D. McDaniel Electric/Natural Gas Aggregation Legislation Page 3 However, these cities are seeing the benefit of working together to leverage their collective loads/volumes. Aggregation on a larger scale could be determined down the road. RECOMMENDATION/CONCLUSION Staff recommends Council pass the Ordinances and Resolutions presented herein. Staff may request at the next regularly scheduled Council meeting that Council pass the above Ordinances in an emergency fashion and waive the thirty day waiting period. This may be recommended based upon ongoing negotiations and market conditions. In conclusion, all indications are that Dublin customers stand to benefit from the municipal aggregation programs for both electric and natural gas. However, the greatest benefit is the individual consumer's ability to choose. The staff point of contact regarding this legislation and staff report is Dana McDaniel at 410- 4751. Thank you. T:\word\DANA\MBMOS\COUNCIL\Aggregation opt out 081303. doc ~~ City of Dublin, Ohio Municipal Electric Aggregation Program Plan of Operation and Governance AMPO, Inc. 2600 Airport Drive Columbus, Ohio 43219 (800)366-1066 Overview •On May 6, 2003, local residents authorized the City of Dublin to create a municipal 'bpt-out" electric aggregation program •All eligible AEP and FirstEnergy consumers within the corporation limits will automatically be enroNed unless they opt out of th program .Purpose The City's purpose in creating the ': Aggregation Program is to represent local consumers' .interests in emerging competitive electricity markets by aggregating electric loads within the corporation limits and negotiating for affordable, reliable electric supplies on behalf of consumers AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 w Program Structure and Management ~~Oversight of the Aggregation Program will be the responsibility of the Director of Service, who shall report to the City Manager The Director of Service will appoint an Aggregation Program Manager (which may be a consultant) Selection of a CRES Provider '; •The City will not buy and resell power to participants •The City will negotiate a cantract with a Competitive Retail Electric Services (CRES) Provider to provide reliable, affordable electric supplies on behalf of lacal residents Selection of a CRES Provider The City will develop a contract with a CRES Provider for firm, full requirements electric service ®The contract will be far a #ixed term (i.e., one to five years) and contain all pricing, charges, switching fees, etc. in clear and easily understood terms AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 CRES Provider Minimum Qualifications: Certified CRES Provider by PUCO ~ Registered with AEP and FirstEnergy Have service agreement under AEP's and FirstEnergy's Open Access Transmission Tariff ® Have EDI system capable of effectively processing transactions in a timety manner ® Completed ED3 Testing with AEP and FirstEnergy CRES Provider Minimum Qualifications: ~iMeet creditworthiness standards ~~Have toll-free customer call center capable of effectively handling questions, concerns and disputes in a timely manner ®Hold the City harmless from any financial obligations arising from the program Electric Supply Charges •CRES Provider will supply information on electric suppty charges broken down by electric utility rate classification • All charges will be fully and prarninently disclosed in consumer enrollment materials AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 AEP Customer Classifications and Rates '; ®Electric utility assigns customer rate classifications, character of service and associated regulated rates '~ The City cannot assign or alter Electric Utility customer classifications Initial Consumer Notification and Enrollment • The CRES Provider will work with 'the City and AEP to identify all i eligible customers within the City's corporation limits. To be eligible, consumers must: • Not be a PIPP customer • Not have a special contract with Utility • Keep their Utility account current Initial Consumer Notification and Enrollment • All eligible consumers will receive ', a notice detailing the rates, charges and other terms and conditions of participation in the program •If consumers wish to participate, they don't need to take any further action-they will be automatically enrolled AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 Initial Consumer Notification and Enrollment '. • Consumers wilt be given a 21-day i periad to notify the City if they wish to opt-out of, ar decline participation in, the Aggregation Program • After the 21-day opt-out period has elapsed, the CRES Provider will enroll consumers who did not opt out at the earliest date practicable Initial Consumer Notification and Enrollment • Consumers enrolled in the program will receive a rescission letter from the electric utility notifying them of their enrollment and granting. them seven calendar days to notify the utility of any objections to thei~ enrollment Leaving the Aggregation Program Participants who wish to leave the program may do so. • During the initial 21-day opt-out period • At least every two years • At any other time; however a termination fee may be assessed by the CRES Provider 2"11 AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 Leaving the Aggregation Program • Consumers who opt-out of the program will return to the utilities' Standard Offer Generation Service • Consumers who relocate outside the City limits will pay no exit fee and will return to the utilities' Standard Offer 2'1J Generation Service t~,~ New and Returning Participants ', Participants who leave the ', program and later wish to return as well as new City residents will be able to join the program; however, the City cannot guarantee the same rates New and Returning Participants Participants who relocate within the City will be allowed to continue. in the program under the same terms and conditions provided: • The rate classification is the same at both locations • Subject to any utility fees AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 Customer Bit ing ® The CRES Provider will initially use the utilities' consolidated billing where each consumer receives one bill itemizing the CRES Provider's electric supply charges and utilities' charges.,, Reliability and Customer Service ®AEP and FirstEnergy will continue to operate and maintain their electric distribution systems and will deliver power from the CRES Provider The only thing that changes for participants is the generation supplier Reliability and Customer Service ~ Customers will still call AEP or FirstEnergy for power outages and billing questions The CRES Provider will provide atoll-free telephone number for consumer questions and concerns ~ Customer service protocol will be developed with the CRES Provider AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 Reliability and Consumer Indemnification The City will strive to provide high quality, reliable service through: • Provisions of CRES Provider contract • Traditional proceedings on AEP's and First Energy's transmission and distribution services • Direct discussions with the utilities Reliability and Consumer Indemnification • If for any reason the CRES Provider fails to deliver, the City will attempt to acquire an alternate power supply • If this fails, participants will default to the utility • In no case will participants be without power Participant Rights All participants enjoy the protection of law afforded all consumers including the right to question billings, service quality or service practices • All participants will be treated equitably • All eligible consumers can participate on non-discriminatory basis AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 Participant Rights • Low income (PIPP) customers remain subject to ail provisions of Ohio law and PUCD rules and regulations regarding their right to return to utility's Standard Offer Generation Service and participation in th8 program Participant Responsibilities ': Program ..participants are subject to the same standards and responsibilities as other electric consumers, including payment of billings and access to meterinng and other equipment necessary to carry out utility operations Termination of the Program In the event of program termination, participants will receive 50 days notice and can return to utility's Standard Offer Generation Service or select another approved ORES Provider AMPO, Inc., 2600 Airport Drive Columbus, OH 43219 (614) 337-6222 ..~ Questions? AMPO, Inc., 2600 Airport drive Columbus, OH 43219 (614) 337-6222 City of Dublin, Ohio Municipal Electric Aggregation Program Plan of Operation and Governance- - Adopted , 2003 Overview At the May 6, 2003 election, local residents authorized the City of Dublin ("the City") to create a municipal opt-out electric aggregation program ("the Aggregation Program") as provided under Section 4928.20 of the Ohio Revised Code. Under the opt-out electric aggregation program, all eligible electric consumers within the City's corporation limits will be automatically included in the Aggregation Program initially. However, all consumers will also be given the opportunity to opt out of or decline participation in the Aggregation Program as detailed herein. The City's purpose in creating the Aggregation Program is to represent local consumer interests in emerging competitive electricity markets by aggregating electric loads within the City's corporation limits (including municipal facilities) and negotiating affordable, reliable electric supplies and other related services on behalf of local consumers. The City may pursue this purpose individually or in cooperation with other entities. Many small commercial and residential electric consumers lack the knowledge and leverage to effectively negotiate power supply rates and services. A governmental aggregation program provides them with an option for professional representation and the bargaining power of a larger, more diverse consumer group that maybe more attractive to suppliers, allowing them to effectively participate in the competitive process and achieve benefits. The Aggregation Program is designed to reduce the amount a consumer pays for electric energy, and to gain other favorable economic and non-economic terms in service contracts. The City will not buy and resell power, but will represent collective consumer interests to set terms and conditions for service. Through a negotiation process, the City will develop a contract with a Competitive Retail Electric Services Provider (CRES Provider) or Providers for firm all-requirements electric service. The contract will run for a fixed term (i.e., one to -five years). Once the contract has been finalized, it will be submitted to the Dublin City Council for approval. Initially, each eligible consumer within the City's corporation limits will be automatically included in the Aggregation Program on anon-discriminatory basis. However, prior to actual enrollment, each consumer will receive a notice from the City detailing the Aggregation Program's rates, terms and conditions. Each consumer will then have a 21-day period to opt out of or decline to participate in the Aggregation Program without charge. Consumers opting out of the program will remain on the providing utility's Standard Offer Generation Service, (both AEP and First Energy provide electric service within the City of Dublin), until such time as they select an approved CRES Provider. A similar opt-out period will be offered every two years during which time consumers can leave the Aggregation Program without paying a switching fee. Participants who leave the Aggregation Program and wish to return, as well as consumers who move into the City after the initial opt-out period will be afforded the opportunity to enroll in the Aggregation Program. However, the City cannot guarantee rates, terms and conditions to consumers enrolling in the Aggregation Program after the initial 21-day opt-out period. Participants who relocate within the City limits will be allowed to continue in the Aggregation Program at their new location under the same terms and conditions as at their former location, provided the utility rate classification is the same at both locations, and subject to any switching fees imposed by the utility. The City will contract with a CRES Provider to implement and operate the Aggregation Program. Contracts for power supply and other related services will be negotiated, recommended, and monitored for compliance by the City on behalf of local consumers. The Aggregation Program covers the power supply or generation portion only of a participant's electric bill. AEP and First Energy will continue to deliver electricity to Aggregation Program participants' homes and businesses through its electric transmission and distribution system as a monopoly function regulated by the Public Utilities Commission of Ohio (PUCO). AEP and First Energy will also continue to install, operate and maintain its system of poles, wires, transformers and other electric distribution components. Aggregation Program participants should continue to call AEP or First Energy if their power goes out or if they have billing questions. The PUCO will continue to oversee both utilities' electric safety and reliability service standards. The City developed this Plan of Operation and Governance in compliance with Ohio law regarding municipal opt-out aggregation of electric consumers, including at least two public hearings prior to its adoption. Plan of Operation and Governance The Dublin City Council shall approve through resolution or ordinance the Aggregation - Program's Plan of Operation and Governance in accordance with Ohio Revised Code Section 4928.20. Amendments to the Plan of Operation and Governance maybe subject to Dublin City Council approval and filing with the PUCO. After adoption of the Plan of Operation and Governance, the City will file with the PUCO for governmental aggregator certification and also register as a governmental aggregator with AEP and First Energy. Aggregation Program Management Oversight of the Aggregation Program will be the responsibility of the Deputy City Manager/Director of Service, who shall report to the City Manager. The Deputy City Manger/ Director of Service will have the authority to develop specifications for the Aggregation Program, to appoint an Aggregation Program Manager, and to select, hire and manage the CRES Provider. The CRES Provider and the Aggregation Program Manager will work under the direction of the Deputy City Manager/Director of Service with the advice and counsel of the City Attorney. Due to the complexity of the electric utility industry and the uncertainties of its associated restructuring activities, the Deputy City Manager/Director of Service may contract with a consultant or consultants to provide the necessary expertise to represent the City's interest in legislative and regulatory matters and/or to serve as the Aggregation Program Manager. Such services may include, but are not limited to facilitating consumer enrollment and opt-out, assisting with consumer education, addressing consumer questions and concerns, providing reports on program operation, enrollment and savings, negotiating future CRES Provider contracts, and representing the City in dealings with CRES Providers, AEP, First Energy, the Ohio Legislature, the PUCO and the OCC. The CRES Provider's rates will include an administrative fee, which shall (if implemented) be collected on behalf of the City to fund the implementation and administration of the City's Aggregation Program. The administrative fee will be adjusted annually to cover the City's cost of administering the program. The fee will be reviewed annually to ensure that the amounts collected do not exceed the cost of administering the aggregation program. Selection of a CRES Provider The City will not buy and resell power to Aggregation Program participants. The City will negotiate with potential CRES Providers to provide affordable, reliable electric supplies and other electric related services on behalf of local consumers. The City will consider cooperating . with other governmental aggregators if it appears beneficial to do so. Through a negotiation process, the City will develop a contract with a CRES Provider or Providers for firm, all-requirements service. The City will contract only with a CRES Provider or Providers that meet at a minimum the following criteria: 1. Certified CRES Provider by the PUCO 2. Registered with AEP and First Energy 3. Have a service agreement under AEP's and First Energy's Open Access Transmission Tariff 4. Successfully completed Electronic Data Interchange (EDI) computer system testing with AEP and First Energy and that CRES Provider's EDI computer system is capable of effectively processing Aggregation Program EDI transactions in a timely manner 5. Meet standards of creditworthiness established by the City 6. Have a customer call center capable of effectively handling participants' questions, concerns and disputes in a timely manner using atoll-free telephone number 7. Hold the City harmless from any financial obligations arising from offering electricity and/or energy-related services to Aggregation Program participants The CRES Provider's contract will run for a fixed term (i.e., one to five years) and contain all pricing, charges, switching fees, etc. in clear and easily understood terms. The City will require any CRES Provider to disclose any subcontractors that it uses in fulfillment of the services described herein. The Dublin City Council will approve through resolution or ordinance the contracts entered into by the City with the CRES Provider. Electric Supply Charges The City will aggregate electric loads within the City's corporation limits (including municipal facilities) and negotiate mutually agreeable price terms with CRES Providers for affordable, reliable electric supplies and other related services on behalf of local consumers. The City may pursue this purpose individually or in cooperation with other entities. CRES Providers will supply information on electric supply charges by utility customer rate classification or other appropriate pricing category as approved by the City. All electric supply charges will be fully and prominently disclosed in consumer enrollment materials and will be subject to approval by the Dublin City Council. AEP's Regulated Customer Classifications and Rates The providing electric utility assigns customer rate classifications, character of service and associated regulated rates subject to PUCO approved tariffs. In addition to the CRES Provider's generation charges, consumers will continue to be billed for the electric utilities' -_ service and delivery charges. Although the City may participate in regulatory proceedings and represent the interests of consumers regarding these regulated rates, it cannot assign or alter customer rate classifications. Initial Consumer Notification and Enrollment After contract approval by the Dublin City Council, the CRES Provider will work with the City and the electric utilities to identify all eligible consumers within the City's corporation limits. All eligible consumers will be notified of the rates, charges and other terms and conditions of participation in the Aggregation Program and that they will be automatically enrolled in the Aggregation Program unless they opt out of or decline participation in the program. Consumers will be given a 21-day period in which to notify the City that they wish to opt out of or decline participation in the Aggregation Program. After the initial 21-day opt out period has elapsed, all eligible consumers who have not notified the City of their desire to opt out of the Aggregation Program will be enrolled by the CRES Provider at the earliest date practicable. The CRES Provider will provide the electric utilities with the required 90 days enrollment notice for consumers with demand meters. Consumers ineligible to participate in the Aggregation Program include those who are on a "special rate" contract with AEP or First Energy and consumers whose accounts are not current with their electric utility provider. Consumers enrolled in the Aggregation Program by the CRES Provider will receive a letter from AEP or First Energy notifying them of their enrollment. Consumers will have seven calendar days to notify the electric utility of any objection to their enrollment in the Aggregation Program. AEP and First Energy will notify the CRES Provider of consumer objections or any reason that a consumer was not enrolled in the Aggregation Program. The CRES Provider will report to the City the status of Aggregation Program enrollment on at least a monthly basis. Leaving the Aggregation Program Participants who wish to leave the Aggregation Program may do so: • During the initia121-day opt-out period • During subsequent opt-out period offered by the City at least every two years • At any other time; however a switching fee maybe assessed In addition to the initial 21-day opt-out period described above, each participant will be given an opportunity to opt out of the Aggregation Program every two years without paying a - switching fee. Consumers who choose to opt out of the Aggregation Program at any time other than during the initial 21-day opt-out period or during subsequent opt-out periods offered by the City maybe subject to a switching fee. Any consumer who opts out of the Aggregation Program will be returned to AEP's or First Energy's Standard Offer Generation Service until such time as the consumer selects another approved ORES Provider. CRES Provider Resuonsibilities The CRES Provider will build and maintain a database of all Aggregation Program participants. The database will include the name, address, utility service delivery identification (SDI} number, and may include other pertinent information as agreed upon by the City and the CRES Provider. Such information may include the CRES Provider's account number (if different from utilities' SDI number), rate code, rider code (if applicable), most recent 12 months of kWh consumption and kW demand, and meter reading cycle. The Aggregation Program database will be updated at least quarterly. The City will have the right to access information in the database for purposes of auditing. The CRES Provider will provide and maintain the required Electronic Data Interchange (EDI) computer system to effectively process Aggregation Program enrollments, opt outs, billing, etc, with AEP and First Energy. The CRES Provider will provide a local or toll free telephone number for participant questions and concerns about enrollment, opt-out provisions, billing and other Aggregation Program issues. The CRES Provider will develop internal controls and processes to help ensure that the City remains in good standing as a governmental aggregator that complies with all laws, rules and regulations regarding the same as they may be periodically amended. New and Returning Participants Participants who leave the Aggregation Program and wish to return, as well as consumers who move into the City after the initial opt-out period will be afforded the opportunity to enroll in the Aggregation Program. However, the City cannot guarantee rates, terms and conditions to consumers enrolling in the Aggregation Program after the initial 21-day opt-out period. Consumers may contact the Aggregation Program Manager to obtain current enrollment information. Participants who relocate within the City limits will be allowed to continue in the Aggregation Program at their new location under the same terms and conditions as at their former location, provided the electric utility rate classification is the same at both locations, and subject to any - switching fees imposed by AEP or First Energy. ~- - The CRES Provider will comply with all local, state and federal rules and regulations regarding discontinuing service to Aggregation Program participants. _ B111ing The City plans to utilize AEP's and First Energy's consolidated billing service in which each consumer account receives one bill itemizing the CRES Provider's electric supply charges and electric utility's delivery, transition and other PUCO-approved charges. The billing statement will be consistent with applicable PUCO rules and regulations. The City will consider other billing options, including CRES Provider consolidated billing, if and when they become available and if it appears advantageous to do so. i Questions and Concerns The Aggregation Program only impacts the source of generation or power supply. AEP and First Energy will continue to deliver the electricity purchased through the Aggregation Program to participants' homes and businesses through its electric transmission and distribution system. Participants with question or concerns regarding service delivery or safety, such as a power outage, a downed power line, sparking power lines or equipment, low voltage, etc. should continue to contact AEP at 800-277-2177 or First Energy at 888-544-4877. Meter reading or other billing questions should also be directed to AEP at 888-237-5566 or First Energy at 800- 633-4766. Questions regarding Aggregation Program enrollment, opting out and operation should be directed to the Aggregation Program Manager. Question or Concern Contact Phone Number/e-mail Power outage or interru tion AEP/First Ener 800-277-2177/888-544-4877 Connect/disconnect service AEP/First Ener 800-277-2177/800-633-4766 Meter readin illin AEP/First Energy 888-237-5566/800-633-4766 To enroll in or opt out of the Aggregation Program CRES Provider 800-***-**** Aggregation Program Questions or concerns AMPO, Inc. 800-305-1066 gslone am -ohio.or Unresolved disputes (residential customers) Ohio Consumer's Counsel 877-742-5622 (toll free) occ@occ.state.oh.us Unresolved disputes (all customers) Public Utilities Commission of Ohio (800)-686-7826 (voice) (800)-686-1570 (TDD) Reliability and Indemnification of Consumers Electric service reliability is an essential to Aggregation Program participants. The-City will strive to provide high-quality service and reliability through provisions of the ORES Provider contract, through traditional proceedings related to AEP's and First Energy's regulated transmission and distribution services; and through direct discussions with AEP and First Energy concerning specific or general problems related to quality and reliability of its transmission and distribution system. If for any reason a CRES Provider fails to provide uninterrupted service, the City will attempt to acquire an alternative power supply. If this attempt fails, participants will default to AEP's or First Energy's Standard Offer Generation Service. In no case will participants be without power as the result of the CRES Provider's failure to provide uninterrupted service. The City will seek to minimize this risk by contracting only with reputable CRES Providers that demonstrate reliable service. The City also intends to include conditions in its CRES Provider contract that will indemnify participants against risks or problems with power supply service and price. Participant Rights All Aggregation Program participants shall enjoy the protections of law afforded to consumers as they currently exist or as they may be amended from time to time. These include rights to question billings or service quality or service practices. All program participants shall also enjoy the individual right to decline participation in the Aggregation Program subject to the terms and conditions contained herein. All Aggregation Program participants will be treated equitably. They will be guaranteed the right to raise and resolve disputes with the CRES Provider, be provided all required notices and information; and always retain the right to opt out of the Aggregation Program or switch suppliers subject to the terms and conditions contained herein. All consumers within the City's corporation limits shall be eligible to participate in the Aggregation Program on anon-discriminatory basis subject to the terms and conditions described herein, Ohio law, PUCO rules and regulation governing electric service, and AEP's and First Energy's approved tariffs. Service under the Aggregation Program shall include all eligible customer classes in adherence with universal service principles and requirements, and the traditional non-discriminatory practices of local government. CRES Provider contracts shall contain provisions to maintain these principles and equitable treatment of all customer classes. Low-income consumers shall remain subject to all provisions of Ohio law and PUCO rules and regulations as they maybe amended from time to time regarding their rights to return to AEP's or First Energy's Standard Offer Generation Service and participation in the Aggregation Program. _ Participant Responsibilities Aggregation Program participants are subject to the same standards and responsibilities asother electric consumers, including payment of billings and access to metering and other equipment necessary to carry out utility operations. Termination of the Aggregation Program The Aggregation Program maybe discontinued upon the termination or expiration of the CRES Provider contract without any extension, renewal or subsequent contract being executed. In the event of Aggregation Program termination, each participant will receive notification 90 days prior to such program termination and could return to AEP's or First Energy's Standard Generation Offer Service or select another approved CRES Provider. Definitions Aggregation Combining the electric loads of multiple customers for the purposes of supplying or arranging for the supply of competitive retail electric service to those customers. Aggregation Program Manager The person or entity designated by the Deputy City Manager/Director of Service to oversee the operation and management of the City of Dublin's Municipal Electric Aggregation Program. Competitive Retail Electric Service (CBEs) A component of retail electric service that is deemed competitive under the Ohio Revised Code or pursuant to an order of the PUCO. This includes but is not limited to the services provided by competitive retail electric service providers, power marketers, aggregators and governmental aggregators. Competitive Retail Electric Service Provider (CBEs Provider) A person or entity certified by the PUCO and registered with AEP who supplies or offers to supply a competitive retail electric service over AEP's electric transmission and/or distribution system. This term does not apply to AEP in its provision of standard offer generation service. Consumer Any person or entity that is an end user of electricity and is connected to any part of AEP's electric transmission or distribution system within the City of Dublin's corporation limits. Delivery Charge Charge imposed by AEP for delivering electricity to a consumer's home or business. The charge includes meter reading, billing, transition costs, maintaining electric system reliability and responding during emergencies and outages (also called the distribution charge). Distribution The delivery of electricity to a consumer's home or business over AEP's local poles, wires, transformers, substations, and other equipment. AEP's distribution system operations will remain regulated by the PUCO. Electric Related Service A service that is directly related to the consumption of electricity at a consumer's home or business. This may include, but is not limited to, the installation of demand side management measures at a consumer's premises, the maintenance, repair or replacement of appliances, lighting, motors or other energy-consuming devices at a consumer's premises, and the provision of energy consumption measurement and billing services. Electric Supply Charge All charges related to the generation of electricity by the CRES Provider. Governmental Aggregator An incorporated village or city, township or county acting as an aggregator for the provision of a CRES under authority conferred under Section 4928.20 of the Ohio Revised Code. Kilowatt (kid A kilowatt is 1,000 watts Kilowatt-hour (kWh) A kilowatt-hour is 1,000 watts of electricity used for one hour. For example, a 1,000- - watt appliance operating for one hour or a 100-watt light bulb operating for_ten hours will consume one kilowatt-hour of electricity. Consumers are charged for electricity in cents per kilowatt-hour. Ohio Consumers' Counsel (OCC) The Ohio Consumers' Counsel (OCC) was established by the Ohio Legislature in 1976 to represent the interests of Ohio's four million residential utility customers served by investor-owned utilities in proceedings before the PUCO, other regulatory agencies and in the courts. The OCC also educates consumers about utility issues and resolves complaints individuals have with investor-owned utility companies. Participant A consumer enrolled in the City of Dublin's Municipal Electric Aggregation Program. Public Utilities Commission of Ohio (PUCO) The state agency charged with assuring all consumers (residential commercial and industrial) served by investor-owned utilities have access to adequate, safe, and reliable utility services at fair prices. The PUCO regulates a wide variety of investor-owned utilities, including electric, natural gas, pipeline, heating/cooling, local telephone, long distance telephone, waterworks, wastewater, railroad, household goods carriers, water transportation, hazardous materials carriers, and commercial transportation carriers. Standard Offer Generation Service The electric generation service a consumer will receive from AEP (the default electric service provider) if the customer does not choose a CRES Provider.