SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM Program Manual

Transcription

1 SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM 2016 Program Manual December 2015

2 Table of Contents TABLE OF CONTENTS 1 PROGRAM DESIGN PROGRAM DESCRIPTION PROGRAM PARTICIPANTS PROJECT OPTIONS SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM SERVICE PROVIDER, CUSTOMER, MEASURE, AND PROJECT ELIGIBILITY SERVICE PROVIDER ELIGIBILITY HOST CUSTOMER ELIGIBILITY ENERGY EFFICIENCY MEASURE ELIGIBILITY PROJECT SIZE INCENTIVE BUDGETS AND PRICING AVAILABLE BUDGETS PRICES INCENTIVE LIMITATIONS PROGRAM PROCESS AND TIMELINE PROGRAM APPLICATION PROJECT APPLICATION PROCESS ADDENDUM TERMINATIONS PROGRAM APPLICATION GENERAL PROGRAM APPLICATION GUIDELINES APPLICATION PROCESS PROVIDER INFORMATION QUALIFICATIONS PROJECT APPLICATION SUBMITTAL PROCEDURE COMMERCIAL LARGE OPTION PROJECT APPLICATION SUBMISSION PROJECT APPLICATION REVIEW PROCEDURES PROJECT APPLICATION EVALUATION APPLICATION CONFIDENTIALITY SUBMISSION OF FALSE, MISLEADING, OR INCORRECT INFORMATION SPVSOP PARTICIPATION COSTS PARTICIPATION RESTRICTIONS AND ADDITIONAL QUALIFICATIONS PRODUCTION PERIOD PRODUCTION PERIOD REQUIRED SUBMITTALS SAVINGS REPORTS HOST CUSTOMER AGREEMENT AND INSTALLATON NOTICE CUSTOMER CERTIFICATE PROJECT INVOICES ADDITIONAL DOCUMENTS SUBMITTAL REVIEW PROCEDURES ADMINISTRATIVE REVIEW PRE-INSPECTION POST-INSPECTION INCENTIVE ADJUSTMENTS PROJECT SUBMITTAL PROCESS EQUIPMENT AND INSTALLATION MAJOR EQUIPMENT (MODULES, INVERTERS) INTERCONNECTION CODES, STANDARDS, AND PERMITS QUALITY ASSURANCE AND THREE STRIKE POLICY CONTRACTUAL PROVISIONS COMPLIANCE WITH PROGRAM REQUIREMENTS CO-BRANDING GUIDELINES REQUIRED PROGRAM DOCUMENTS Solar Photovoltaic Standard Offer Program ii

3 Table of Contents 4.3 PROJECT IMPLEMENTATION INCENTIVE PAYMENTS AUDIT AND RECORDS AMENDMENT PERMITS, LICENSES, AND COMPLIANCE WITH LAW INDEPENDENT CONTRACTOR FORCE MAJEURE MISCELLANEOUS APPENDIX APPENDIX A PROGRAM ADDENDUM APPENDIX B INITIAL APPLICATION AGREEMENT APPENDIX C RESERVATION OF FUNDS AGREEMENT APPENDIX D INSTALLATION NOTICE CUSTOMER CERTIFICATION APPENDIX E SAVINGS REPORT APPENDIX F HOST CUSTOMER AGREEMENT APPENDIX G INSURANCE REQUIREMENTS APPENDIX H ONCOR CORE VALUES This Program Manual summarizes the goals, pricing and application process of the Oncor Solar Photovoltaic (PV) Standard Offer Program. It includes information about eligibility requirements, incentive payments, the participation process and descriptions and samples of enrollment materials developed by Oncor for participants. Additional Program information is located in the Texas State Technical Reference Manual Version 3.0 (TRM). The information included in this Program Manual and the TRM is subject to change. The latest information and application forms can be found on Oncor s Energy Efficiency Program website, oncoreepm.com Solar Photovoltaic Standard Offer Program iii

4 Chapter 1, Program Design 1 PROGRAM DESIGN 1.1 PROGRAM DESCRIPTION Oncor is a regulated electric transmission and distribution service provider that serves 10 million customers across Texas. Using cutting edge technology, more than 3,000 employees work to safely maintain reliable electric delivery service with the largest distribution and transmission system in Texas, made up of approximately 118,000 miles of lines and more than 3 million meters across the state. But Oncor delivers more than just electricity. Each day, Oncor helps Texans meet the challenge of rethinking energy use for greater efficiency, cost savings and positive environmental impact. For more than 100 years, we ve built a reputation as a company that cares about our communities, whether it involves supporting the environment, promoting safety, or teaching school children about electricity. The Oncor 2016 Solar Photovoltaic Standard Offer Program ( SPVSOP or the Program ) offers financial incentives to Energy Efficiency Service Providers (e.g., energy service companies, Retail Electric Providers, or customers) for the installation of eligible distributed solar energy generating equipment on the premises of Oncor Residential and Commercial Customers (as defined by the Public Utility Commission of Texas ( PUCT of Commission ) Energy Efficiency Rule and have not opted out of the Energy Efficiency Cost Recovery Factor. the Texas State Technical Reference Manual Version 3.1(the TRM ). The TRM is incorporated herein. In the SPVSOP each metered point of delivery shall be considered a separate customer. The Program complies with the standard offer program requirements promulgated by the PUCT. This Program Manual is intended to inform Service Providers of the SPVSOP requirements and processes. Service Providers should also review, and are required to comply with, PUCT Substantive Rule related to Energy Efficiency Programs. For definitions of certain capitalized terms used herein, see the Glossary provided on the EEPM website at oncoreepm.com (located under Resources ). The primary objective of the SPVSOP is to achieve cost-effective reduction in Energy Savings and Peak Demand Savings. Additionally, the Program is designed to do the following: Encourage private sector delivery of Energy Efficiency products and services. Achieve customer energy and cost savings. Significantly reduce barriers to participation by streamlining Program procedures. Encourage participation by a wide range of Service Providers. Oncor is not involved in the sales or installation of Energy Efficiency services to its customers. Through the SPVSOP, Oncor pays incentives to Service Providers who market, sell/lease, and install solar photovoltaic systems to Commercial and Residential Customers served by Oncor. One of the features of the SPVSOP is that Oncor will rely upon the marketing capabilities of the Service Providers to sell or lease the solar 2016 Solar Photovoltaic Standard Offer Program 1

5 Chapter 1, Program Design photovoltaic systems to eligible Oncor customers. Oncor may generally educate Service Providers and the public about the SPVSOP, but will not market any specific Energy Efficiency-related product or service to its customers. Entering into an agreement with a Service Provider in the SPVSOP does not constitute Oncor s endorsement or approval of any company, product, or service. Service Providers participating in the SPVSOP must meet minimum eligibility criteria and comply with all SPVSOP rules and procedures. To participate in the Program, Service Providers undergo an application process for the Residential and/or the Commercial option for the SPVSOP and then enter into a Program Addendum (the Program Addendum ) to the Amended and Restated Texas Energy Efficiency Market Agreement (the Umbrella Contract ) for each option. A sample of the Program Addendum is included in Appendix A. The Program participation process, in summary, is as follows: Customers work with participating Service Providers to determine eligibility, define the technical specifications of a solar photovoltaic system suitable for their property and obtain approval from Oncor for grid connection. The selected Service Provider completes an incentive application and submits technical details of the proposed solar photovoltaic system and information on the Project location to Oncor for review by the Program Manager as part of the preinspection process. The Program Manager reviews the incentive application, and either approves the application or informs the Service Provider of the reason for denial. Approvals indicate the incentive dollar amount reserved and the period of time the incentive reservation is valid. The Service Provider installs the proposed solar photovoltaic system, submits a final application form and passes a post-inspection. The Program Manager sends an incentive check directly to the Service Provider. 1.2 PROGRAM PARTICIPANTS The SPVSOP involves three types of participants: the 1) Program administrator (Oncor), 2) Service Providers and 3) Energy Efficiency customers that provide the Projects ( Host Customers ). Oncor s responsibilities include: Approving or rejecting Program Applications and Program Addendums based on Service Provider qualifications, references and performance history. Conducting workshops for potential Service Providers. Reviewing and approving or rejecting all Project Applications (a set of standard forms, submitted by an entity wanting to participate in the SPVSOP as a Service Provider) Solar Photovoltaic Standard Offer Program 2

6 Chapter 1, Program Design Performing or arranging for certain inspection activities, with the number of inspections to be determined by Oncor in its sole discretion. 1 Approving or rejecting projects based on inspection results and authorizing and issuing incentive payments. Monitoring Service Provider performance and determining continuance in the SPVSOP. A Service Provider s responsibilities include: Executing an Umbrella Contract within the Energy Efficiency Program Management ( EEPM ) Solution application and a standard Program Addendum. Maintain a list of any subcontractors that will be used to perform approved installations and their associated information in EEPM. Submitting a complete Project Application and other required supplemental Project information. Conducting marketing activities to potential Host Customers. Complying with customer protection provisions, including those required by PUCT Substantive Rule (u). Completing the installation of approved Projects as required. Performing all on-site activities according to PUCT-specified regulations and procedures and Oncor SPVSOP requirements. Developing and submitting Project documentation in accordance with SPVSOP procedures and deadlines. Providing customer service to Host Customers, including the satisfactory resolution of any Host Customer complaints. Attending workshops and meetings as may be required by Oncor. Submitting any additional information when requested for measure verification. The summary above is not an exclusive list of requirements. Oncor views the preparation of the Project documentation as crucial to the success of the SPVSOP and will offer periodic workshops to acquaint potential Service Providers with SPVSOP requirements. The Oncor Energy Efficiency Program website (oncoreepm.com) will also provide key information and should be checked regularly for any SPVSOP updates. A Host Customer s responsibilities include: Committing to an Energy Efficiency Project. 1 Oncor reserves the right to contract with a third party to verify installations in the SPVSOP on its behalf Solar Photovoltaic Standard Offer Program 3

7 Chapter 1, Program Design Providing Oncor and any statewide measurement and verification contractor access to the Project Site both before and after Project completion for installation inspection. Signing the Host Customer Agreement and the Installation Notice. Note: All electronic signatures must contain a security verified mark like Docusign, Adobe certificate or other similar secured software. Obtaining an executed Interconnection Agreement with Oncor. 1.3 PROJECT OPTIONS SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM Oncor has developed the SVPSOP to encourage Program participation by Service Providers and by customers served by Oncor. For each Project Application in the SVPSOP, a Service Provider will select one of the two following options in EEPM: Commercial Project Option Large and Small A Commercial Project Option is available for those customers that receive electric service from Oncor at a commercial electric rate and meet the definition of a Commercial Customer as stated in PUCT Substantive Rule Commercial Customers can include cities, local governments, agriculture, school districts, churches and governmental facilities. The Commercial Solar PV Program will have two options based on the energy demand size of the project. The Large Option will be for projects larger than 100 kw and the Small Option that will include projects less than or equal to 100 kw. Any project in the Small Option installed larger than 100 kw can be rejected by Oncor. Residential Project Option A Residential Project Option is available for Residential Customers that receive electric service from Oncor at a residential electric rate. Once a Service Provider has been granted authorization to proceed by the Program Manager, it may submit Projects. Service Providers may continue submitting completed Projects for each Project Option until November 18, 2016, or until all budget funds have been exhausted, whichever occurs first. Project documentation must be attached under the Attachment tab in the Project Application in EEPM. 1.4 SERVICE PROVIDER, CUSTOMER, MEASURE, AND PROJECT ELIGIBILITY SERVICE PROVIDER ELIGIBILITY Any Service Provider meeting the SPVSOP Application requirements that proposes to install an eligible solar photovoltaic system measure at a commercial or residential customer site served by Oncor is eligible to participate in the SPVSOP as a Service Provider, provided that the Service Provider has not been terminated from participating 2016 Solar Photovoltaic Standard Offer Program 4

8 Chapter 1, Program Design in any of Oncor s Energy Efficiency programs. This includes subcontractors and other third party entities. Eligible Service Providers may include: National or local energy service companies. Retail Electric Providers. National or local companies that provide energy-related services or products. Self-sponsors whose commercial Peak Demand exceeds 50 kw. To ensure that the SPVSOP incentive budget is allocated to Projects that are likely to meet with success, all Service Providers will be required to demonstrate a commitment to fulfilling Program objectives and competency in completing the proposed Project. Service Providers will be required to submit the following information in EEPM: A description of the Service Provider firm, including relevant experience, areas of expertise, and references. Proof of applicable insurance, licenses, and permits in the Service Provider s business name. A list of any subcontractors that the Service Provider uses to complete approved projects. It is the responsibility of the Service Provider to ensure that these contractors are eligible to participate in Oncor s Energy Efficiency programs and that they are in compliance with Program requirements. Failure to maintain this list can result in the Service Provider being locked out of the program or terminated. These requirements are described in further detail in Chapter 2 of this Program Manual. Service Providers for the SPVSOP are required to have on staff at least one licensed Texas Electrical Contractor or Master Electrician. Information on these staff members should be provided at the profile level in EEPM (under the Employee tab) and shall include a copy of their current license(s) HOST CUSTOMER ELIGIBILITY Commercial and Residential Customers served by Oncor are eligible to have Energy Efficiency Measures installed at their facilities as part of the SPVSOP provided they sign an Interconnection Agreement with Oncor. To qualify for an incentive through the SPVSOP, Project Sites must be considered permanent and appropriate for a solar photovoltaic installation. Oncor reserves the right to deem a Project Site ineligible if the site exhibits evidence of lack of accessibility, permanency or ability to comply with the SPVSOP or PUCT rules. Commercial Customers who wish to self-install a solar photovoltaic system may do so only if they meet all Service Provider eligibility requirements in Section of this Program Manual and register as a Service Provider in the Program. Commercial Customers may also contract with a registered Service Provider who will apply for funding, oversee the installation and applicable permitting, and provide the required 2016 Solar Photovoltaic Standard Offer Program 5

9 Chapter 1, Program Design warranty. Residential Customers are not allowed to register as a Service Provider and self-install a solar photovoltaic system. Service Providers are required by the Program to have a lead role in every Project in order to promote safety and quality in the design and installation process, and to maintain consistency with Oncor interconnection rules. Any customer or rate class that has opted out of contributing to the Energy Efficiency Cost Recovery in the Oncor service area shall not be eligible to participate in the SPVSOP. Participation in the SPVSOP does not affect a customer s eligibility to participate in other Oncor Energy Efficiency Programs ENERGY EFFICIENCY MEASURE ELIGIBILITY Solar photovoltaic systems between 90 and 270 degrees azimuth that reduce electric energy consumption and/or reduce energy consumption and system Peak Demand at the customer site(s) are eligible for the SPVSOP. Eligible Energy Efficiency Measures for the SPVSOP must be new equipment and must be used for individually metered commercial or residential buildings or facilities. Used, refurbished, and existing solar photovoltaic systems are not eligible to receive incentives for the Program. Service Providers must provide an installed invoice for each installation. New Construction New Home construction will not be eligible for a Residential Solar option incentive. New Commercial construction will be accepted as an approved measure in both commercial options. Installation Requirements All Energy and Peak Demand Savings must be measurable and verifiable. Any proposed Energy Efficiency Measure that has been installed prior to the execution of the Program Addendum will cause the Project to be rejected. Oncor, in its sole discretion, will determine whether any particular Energy Efficiency Measure is eligible for incentives. Installations which do not meet the minimum performance thresholds will not receive an incentive. All measures must be installed using industry best practices. Systems deemed unsafe or installed inappropriately will not be eligible to receive an incentive. Projects installed at commercial site locations must include a solar metering system that tracks system production and performance PROJECT SIZE Each Project is subject to the following size requirements for the solar photovoltaic system: Commercial Solar PV Program 2016 Solar Photovoltaic Standard Offer Program 6

10 Chapter 1, Program Design There is a minimum limit of 1,000 watts DC STC 2 and maximum limit of 100,000 watts DC STC 2 of electric output for each solar photovoltaic system in the Small Option. o Any project over 100 kw installed will not be accepted into the Small Option. Any project that has installed more than 100 kw will not be accepted as a Small project and may be rejected back to the Service Provider. o Any project over 100 kw installed must go thru the Large Option program requirements o This includes a Service Provider installing equipment that exceeds 100 kw but only applying for 100 kw. The 100 kw limit applies to the size of the installation and not the size of the incentive The Large Option requires a system to be larger than 100,000 watts DC STC 2. For both Commercial Project Options, the electric output of the installed solar photovoltaic system is limited to 75% of the Host Customer s Peak Demand (kw) during the previous 12 months. Residential Solar PV Program There is a minimum limit of 1,000 watts DC STC of electric output for each solar photovoltaic system. There is a maximum limit of 10,000 watts DC STC of electric output for each solar photovoltaic system. 1.5 INCENTIVE BUDGETS AND PRICING AVAILABLE BUDGETS Oncor has assigned the following SPVSOP incentive budgets for the 2016 Program year: Commercial Solar PV Program - $ 7,625,974 Residential Solar PV Program - $ 4,432,136 Oncor reserves the right to adjust the budget during the Program year for each Project Option as it deems necessary, in its sole discretion PRICES Incentive levels applicable to each SPVSOP Project Option are as follows: Commercial Solar PV Program 2 Watts DCSTC refers to the system s factory-rated output at standard test conditions, which assumes 1,000 w/m 2 of solar radiation and 25 degree Celsius cell operating temperature Solar Photovoltaic Standard Offer Program 7

11 Chapter 1, Program Design Small Option: $39.98/kW AC is the base incentive or $538.53/kW using Net Present Value $0.0187/kWh AC is the base incentive or $0.2519/kWh using Net Present Value Large Option: Service Provider bid option; not to exceed $65/ watts DC STC Residential Solar PV Program $39.98/kW AC is the base incentive or $538.53/kW using Net Present Value $0.0187/kWh AC is the base incentive or $0.2519/kWh using Net Present Value INCENTIVE LIMITATIONS Maximum Service Provider Incentives To ensure that incentives are available to multiple Service Providers, no Service Provider or its Affiliates may reserve or receive more than 20% of the SPVSOP budget for each Project Option inclusive of its Affiliates. Service Providers will be required to verify their Affiliate status in EEPM. A definition of Affiliate can be found in the glossary provided on the EEPM website at oncoreepm.com. Oncor reserves the right to adjust the Service Provider incentive cap if the total amount of incentives for reserved Projects is not sufficient to meet the Program incentive budget. Incentive funding is offered to eligible Service Providers with an approved Project Application on a first-come, firstserved basis. Net Present Value The incentive calculation will use a discount rate of 8.14% and an inflation rate of 2%. Cost of Project Incentives will be limited to a percentage of the installed cost of the Project which shall be supplied by the Service Provider. In no case will Oncor pay incentives in an amount that exceeds 50% of the installed cost (as determined by Oncor, in its sole discretion, based on information provided by Service Provider and any supplemental information gathered or requested by Oncor) of the Project (i.e., Oncor will pay incentives equal to a maximum of 50% of Project installed cost). Documentation of Cost The Service Provider shall provide Oncor with a breakdown of the installed cost of the Project. This will include a copy of the Host Customer s invoice or contract. The Project cost shall be provided prior to the post-inspection INCENTIVE CALCULATION Solar photovoltaic system incentive values are calculated based on the system s rated 2016 Solar Photovoltaic Standard Offer Program 8

12 Chapter 1, Program Design watts DC STC. Only solar photovoltaic systems that result in net reductions of the Host Customer s energy and demand usage qualify for incentives. The SPVSOP uses two methods to calculate the incentive payment for a solar photovoltaic system: Deemed Savings Method The Deemed Savings method provides predetermined Peak Demand and Energy Savings amounts for solar photovoltaic system installations where the solar array azimuth is within +/- 20 degrees of south and the tilt angle is between 0 (horizontal) and latitude +15 degrees. The Deemed Savings method has been approved by the PUCT and can be located in the State Technical Reference Manual Version 1.0, Volume 3, Section 2.7. The Deemed Savings Values of Energy and Demand are as follows: Deemed Energy Savings (kwh) = 1,600 * kw DC STC installed Deemed Demand Savings (kw) = 0.83 * kw DC STC installed PVWatts Method The PVWatts method provides Peak Demand and Energy Savings amounts for solar photovoltaic system installations where the solar array azimuth is not within +/- 20 degrees of south or the tilt angle is not between 0 (horizontal) and latitude +15 degrees. The PVWatts method has been approved by the PUCT and more information on these savings values can be located in the State Technical Reference Manual, Volume 3, Section 2.7 and at the following websites: Oncor s E12 file, located on oncoreepm.com, allows for using the Deemed Savings method and the PVWatts method for multiple arrays in a single Project. Multiple Arrays When one site has multiple arrays the peak time for the sum of the arrays will be used to calculate the incentive. This is done by finding the maximum demand and the hour associated with that demand by summing all of the hours across all of the arrays. Peak demand production is calculated in PV Watts for each array. The data from each array is broken down hour by hour in PV Watts Use this data to determine the overall system production by hour. The largest kw production for the system that is within the peak period will be the kw savings used for the incentive calculation. o Peak Period for Summer is June 1 to September 30 from 1pm to 7pm weekdays excluding Federal Holidays 2016 Solar Photovoltaic Standard Offer Program 9

13 Chapter 1, Program Design o Peak Period for Winter is December 1 to February 28 from 6am to 10 am and 6pm to 10pm. weekdays excluding Federal Holidays The data from PV Watts will be pasted into the E12 to calculate the kw savings for the system when there are multiple arrays. Derate Calculation All Projects will start with a derate factor of.83. Adjustments should be made to the Shading Factor only in the PVWatts Calculator. The PVWatts Calculator is located at Start with the factors located below to get the.83 derate factor. All Projects will require a Shading Study to be performed by the Service Provider, preferably a Solmetric Suneye report. To conduct the Shading Study, the Service Provider will need to calculate the annual unshaded area where the panels will be installed. Once the annual shading percentage is determined the following protocol should be followed to calculate the Project savings. Any submitted shading study must show the annual unshaded percentage. Pictures, hand-drawn maps or other similar attachments will be returned to Service Provider for correction. Deemed Savings If the system has 10% or less annual shading, the Service Provider may use deemed savings to calculate the Project savings. If the annual unshaded is.90 or greater the Service Provider should use.83 as the derate factor. If there is more than 10% shading 2016 Solar Photovoltaic Standard Offer Program 10

14 Chapter 1, Program Design the Project must use PVWatts. PVWatts If the Service Provider is using PVWatts to calculate the Project savings, 10% shading will be allowed. If the annual un-shaded is.90 or greater the Service Provider should use.83 as the derate factor. If there is more than 10% annual shading the Service Provider should calculate the derate factor starting at.83 and adjust the Shading Factor in the derate equation from 1 to the percent of annual un-shaded area to calculate the appropriate derate factor. The derate factor for a Project that is shaded more than 10% will always be less than.83. Required Shading Documents in EEPM Solmetric Suneye report or other approved report that shows the annual unshaded area must be attached for each Project. This report should be attached when submitting the Project for post-inspection if there is shading. The report should clearly state the annual unshaded percentage for the installed project. Reports that do not have this calculated percentage in the report will be returned to the Service Provider for correction. Any study not performed by an industry accepted tool, for example hand-written or drawn, will be returned to the Service Provider for correction. 1.6 PROGRAM PROCESS AND TIMELINE PROGRAM APPLICATION All Service Providers must first complete an Umbrella Agreement (located at oncoreepm.com) and be associated with a Program. After execution of the Umbrella Agreement, the Service Provider may contact the EEPM Help Desk to associate with a Program. The first step of association is the completion of a Program Addendum. Oncor s Standard Offer Program Addendums are on-going, but terminable by Oncor at will, as well as for other events of default by Service Provider. This allows Service Providers to avoid resubmitting a new Program Addendum each Program year; however, it does require the Service Provider to submit updated documentation for each Program year of the Program Addendum using the Program online application. It is solely the responsibility of the Service Provider to make Oncor aware of changes required to the documentation and to provide copies of such documentation. Failure to provide documentation may be a breach of the Program Addendum, which can be grounds for termination of the Addendum with the Service Provider. A sample of Program Addendum for Standard Offer Programs can be found in Appendix A. Oncor will not entertain proposed modifications to the Program Addendum unless unique circumstances merit and require revision, at the sole discretion of Oncor. Applicants are urged to review the sample Program Addendum prior to submitting a Project Application. The Program Addendum does not in any way guarantee the Service Provider funding during the Program year of the Program Addendum. The Program Addendum does not in any way obligate Oncor to the SPVSOP Solar Photovoltaic Standard Offer Program 11

15 Chapter 1, Program Design PROJECT APPLICATION PROCESS The first step in the SPVSOP Project Application process is for the Service Provider to submit a completed Project Application via EEPM. Project Applications will be accepted for Projects that will be completed with a request for post-inspection by November 18, 2016, 5:00 p.m. Central Time, or until all SPVSOP funding for the 2016 Program year has been exhausted. Available funding can be found in the Service Provider s SPVSOP Application in EEPM, which may be accessed by clicking on SPVSOP Application at oncoreepm.com. Chapter 2 of this Program Manual contains a detailed description of the application process. During the Project implementation period (the Production Period ), the Service Provider performs marketing, sales, and installation activities and reports Project progress on a regular basis to Oncor. See Section 3 for details about these requirements. 1.7 ADDENDUM TERMINATIONS Oncor may terminate any or all Program Addendums, in whole or in part, at any time, in its sole discretion, by providing written notice of termination to Service Provider. The notice of termination will specify the effective date of any termination, and that the Program Addendum is terminated in its entirety. In the event a Program Addendum is terminated by Oncor, the applicable Service Provider will finish any Project already commenced that cannot be discontinued without breaching the Host Customer Agreement (see Appendix B). Oncor will have no obligations with respect to any contractual obligations entered into between Host Customer and Service Provider after Service Provider s receipt of Oncor s notice of termination unless there is evidence of fraud. In the event the Program is terminated, Oncor's only liability will be to pay Service Provider the unpaid balance due Service Provider for the portion of a Project already commenced that cannot be discontinued without breaching the Host Customer Agreement unless there is evidence of fraud. In the event that fraud is suspected or discovered, Oncor reserves the right to terminate impacted Projects and not pay the reserved incentive. Oncor may refuse a Service Provider the opportunity to complete an Addendum in the SPVSOP for any reason in Oncor s sole discretion, including based on Service Provider s prior participation in the Program or any other Energy Efficiency Program offered by Oncor. Please refer to the Umbrella Contract and Program Addendum for actual termination provisions. Please note that this Section is only a summary of certain terms in the Umbrella Contract and Program Addendum, and that the terms of the actual Umbrella Agreement and Program Addendum supersede and control over this summary in the event of any conflict Solar Photovoltaic Standard Offer Program 12

16 2 PROGRAM APPLICATION Chapter 3, Production Period 2.1 GENERAL PROGRAM APPLICATION GUIDELINES Oncor will open the 2016 SPVSOP website at 10:00 AM Central Time on November 12, 2016, so that applicants can begin filling out Applications. A Program Application is located online at oncoreepm.com. The 2016 SPVSOP website will begin accepting Project Applications on January 11, 2016 at 10:00 AM, Central Time. The Application forms will be accessible by clicking the 2016 Solar Photovoltaic SOP Application link on the website oncoreepm.com. All Project Applications will consist of four phases: Initial Application (IA), Final Application (FA), Installation Notice (IN), and Savings Report (SR). All documents will be submitted online via EEPM. Note: For the Commercial Large Option, all projects submitted will initially show a status of Waitlisted until the project review process is completed. See section for additional details. 2.2 APPLICATION PROCESS Applicants for SPVSOP must submit an electronic Program Application, along with an executed (signed and dated) Program Addendum that is downloaded from the Application. The Program Addendum must be attached under the Attachment tab when the Application is submitted through the Internet. Service Providers must also provide Oncor with a certificate or certificates of insurance that meets the requirements in the Appendix. Oncor will notify applicants of their Application status within ten (10) business days of submitting the Application. If Oncor approves a Program Application, it will execute the Program Addendum, if applicable, and attach a copy to the Service Provider Documents tab. An overview of the Service Provider application process is below Solar Photovoltaic Standard Offer Program 13

17 Service Provider Program Application Process Chapter 3, Production Period Service Provider (SP) Visit oncoreepm.com and complete Umbrella Agreement Oncor Oncor reviews and executes Umbrella Agreement; SP receives EEPM login SP contacts Help Desk to associate with a program; Completes Program Addendum SP completes Program Application and SP Profile in EEPM, submits Certificate of Insurance Oncor reviews and executes Program Addendum if Application is approved SP submits Project Applications PROVIDER INFORMATION Service Providers that want to participate in Oncor s Energy Efficiency Programs are required to have an Umbrella Contract with Oncor. A sample agreement and instructions for application can be found at the Oncor Energy Efficiency Program website (oncoreepm.com). The information listed below is required of all applicants: Applicant name (company) Federal tax identification number of applicant Contact name Contact title 2016 Solar Photovoltaic Standard Offer Program 14

18 Chapter 3, Production Period Street address Mailing address Contact phone number Contact fax number Contact address Name(s) and contact information of parent company (if any) and Affiliates Any sub-contractors and with their required information. Sub-contractors must be eligible to participate in Oncor s Energy Efficiency programs Assumed name certificate filed with county or state if applicable W QUALIFICATIONS Oncor requires applicants to demonstrate their financial, technical, and managerial qualifications as part of the Program Application process and the Service Provider Profile update requirements. This information helps to ensure that a proposed Energy Efficiency Project will be successful in delivering the Peak Demand and Energy Savings, the applicant is committed to fulfilling Program objectives, and the applicant is competent to complete a proposed Project. At a minimum, Program Applications must include the following: A brief statement of the applicant s technical and managerial capabilities and experience in implementing Energy Efficiency Projects. Evidence that applicant possesses all applicable licenses and permits. This would include a copy of the employees Texas Electrical Contractors License or a Master Electricians License. Two recent client/customer references for Projects similar in nature to that proposed in the Project Application (include contact name, address, and phone number). Evidence of applicant s financial strength and capability. This may include company description, years in business, number of employees, approximate annual revenues, trade references (include name and phone number), and/or other information deemed appropriate by the applicant. Disclosure of any legal judgments pending, or entered in the previous two years, against applicant company, its owners, and affiliates, as well as a current list of pending litigation filed against applicant, its owners, and affiliated parties Solar Photovoltaic Standard Offer Program 15

19 Chapter 3, Production Period 2.3 PROJECT APPLICATION SUBMITTAL PROCEDURE The Commercial and Residential Options Project Application processes involve multiple stages that are outlined below. Additional information about each stage in the process is reviewed in Chapter Solar Photovoltaic Standard Offer Program 16

20 Service Provider (SP) Oncor Chapter 3, Production Period Completes Umbrella Agreement & Umbrella Agmt; Identifies projects & negotiates with customers Submits Initial Application (IA) IA approval or rejection Finalize measures & timeline If approved, reserves funding Submits Final Application (FA) Pre- Inspection Production Period Signs and returns Reservation of Funds Agreement Generates Reservation of Funds Agreement INSTALL PROJECT Submits Installation Notice (IN) IN approval or rejection Submits Savings Report (SR) Post- Inspection Reviews SR and makes payment 2016 Solar Photovoltaic Standard Offer Program 17

21 Chapter 3, Production Period All hard copies of Applications and supplemental documentation, if required, must be electronically scanned and attached to the Project under the Attachment tab in EEPM. For a Project Measure under this Program, the E12 (see Appendix D) spreadsheet will be used for application in EEPM. All information, except model and serial numbers must be provided in the spreadsheet for the Project Application. Once the system installation is complete, the Service Provider will be required to update this spreadsheet to reflect the as-installed system including the model and serial numbers for the inverter(s) COMMERCIAL LARGE OPTION PROJECT APPLICATION SUBMISSION Projects that qualify for the Commercial Large Option will be required to submit an application with supplemental information. All Projects and required information must be submitted in EEPM starting on January 11, The option will close for projects on January 15, 2016 at 5:00 CST. Projects will be reviewed and evaluated by Oncor based on budget, system size, capital cost, system location, customer acceptance, timeline and other relevant information related to the proposed project. Note: For the Commercial Large Option, all projects submitted will initially show a status of Waitlisted until the project review process is completed. Beginning January 16, 2016, Oncor will review and score each application. Applications will then be accepted based on their score, starting with the highest scoring project and progressing through the rated list until budget funds are exhausted. The following information and documentation must be submitted in EEPM by January 15, If all required information is not submitted, a project may not be eligible for review or may result in a reduced score. Solar PV Information Form. (See the Appendix for example) o Project description and customer information o Proposed system information o Pricing structure (equipment, labor and other related costs) o Project timeline Letter of commitment from the customer contingent upon incentive funding. Drawings, schematics, maps or other project design and planning documents. Incentive amount requested based on rated capacity, expressed in dollars per dc Watt (built into the E12 sheet. Input system information on Data Input tab and then input incentive amount on bid tab). Submissions that do not include a requested incentive amount may not be evaluated. Project Sponsors will be notified by January 26, 2016 of the status of their project (accepted, waitlisted or rejected). Project information submitted will be used by Oncor to evaluate the viability, potential results and impact of the project. Questions about the Program or Projects may be directed to: 2016 Solar Photovoltaic Standard Offer Program 18

22 Oncor Attn: Jeff Reed Solar PV Program Manager 1616 Woodall Rodgers 5M027 Dallas, TX Phone: Chapter 3, Production Period It is the sole responsibility of the applicant to ensure that Oncor receives all of the required Project Application materials by close of business on the applicable due date. 2.4 PROJECT APPLICATION REVIEW PROCEDURES PROJECT APPLICATION EVALUATION Oncor may reject a Project Application for any reason in its sole discretion. Examples of reasons Oncor may reject a Project Application include: The Project Application is received after the budget for that Project Option has been fully committed. The Project Application does not include required information. The applicant s proposed Production Period cannot reasonably be expected to be completed by November 18, Required submittals are not received by deadlines stated in this Program Manual. The applicant fails to meet SPVSOP eligibility requirements. The applicant is found to have made material misrepresentations in the Project Application. The applicant fails to comply with applicable federal, state and local laws and regulations. Oncor determines rejection is necessary due to changes that occur in laws or regulations directly affecting the SPVSOP. Oncor, in its sole judgment, determines that the applicant is incapable of fulfilling the terms and conditions of the Program Addendum. Oncor may request clarification of, or additional information about, any item submitted as part of the Project Application. Applicants must respond to such requests within the time period specified by Oncor. If the clarification or additional information provided is not sufficiently responsive, Oncor may, at its sole discretion, request additional information or discontinue its evaluation of the submittal Solar Photovoltaic Standard Offer Program 19

23 2.4.2 APPLICATION CONFIDENTIALITY Chapter 3, Production Period Oncor s SPVSOP is subject to oversight by the PUCT, which may request a copy of any SPVSOP materials that Oncor receives. Sensitive information submitted by the Service Provider to Oncor, such as financial statements and Project costs, will be treated confidentially to the extent possible. However, Oncor will not be liable to any Service Provider or other party as a result of public disclosure of any information submitted pursuant to the SPVSOP SUBMISSION OF FALSE, MISLEADING, OR INCORRECT INFORMATION Oncor reserves the right to discontinue its evaluation of all submittals from any Service Provider who submits false, misleading, or incorrect information SPVSOP PARTICIPATION COSTS Oncor will not reimburse any Service Provider for any costs incurred by participating in the SPVSOP, including costs of preparing the Project Application, reviewing or executing the Program Addendum, or preparing and submitting Savings Reports PARTICIPATION RESTRICTIONS AND ADDITIONAL QUALIFICATIONS Oncor may impose additional restrictions and qualification requirements on Service Providers to those set forth in the Program Addendum based on prior Program participation Solar Photovoltaic Standard Offer Program 20

24 3 PRODUCTION PERIOD Chapter 3, Production Period 3.1 PRODUCTION PERIOD The Production Period is 10 AM Central Time on January 11, 2016, to 5 PM Central Time on November 18, 2016, or until the program funds are exhausted. This is the time period during which Energy Efficiency Measures may be installed. Any project already started or completed outside of this time period will be cancelled and could result in additional penalties. During the Production Period, the Service Provider will be performing marketing, sales, and installation activities and reporting progress on a regular basis to Oncor. All Projects will require the pre-inspection process outlined in Section to be implemented prior to the Project starting. 3.2 REQUIRED SUBMITTALS SAVINGS REPORTS The primary reporting instrument during the Production Period is the Savings Report, which will also serve as an invoice. Savings Reports will be completed electronically on an official Oncor Savings Report form. A completed Host Customer Agreement and Installation Notice Customer Certificate will also be required for each ESI ID included in the Project and will be assessable to the Service Provider inside its SPVSOP Application. Copies of Savings Reports must be signed and attached under the Projects Attachment tab along with other required supporting documentation. Copies of Savings Reports and any required accompanying documents must be attached to the Project Application under the Attachment tab prior to submittal in EEPM. Oncor will not make any incentive payments for any savings not included in an Installation Notice Customer Certificate electronically submitted. The final Installation Notice Customer Certificate for 2016 must be electronically submitted by 5:00 p.m. Central Time on November 18, 2016, and copies of the Installation Notice Customer Certificate and required accompanying documents must be attached prior to submittal on November 18, Each Service Provider is subject to the incentive limitations specified in Sections and of this Program Manual. Work submitted for an Incentive Payment must be completed only during the Program Production Period. Savings Reports shall include the following information: Host Customer name(s) and address(es) Service address(es) Oncor meter number and/or Host Customer ESI ID (account) number Host Customer telephone number(s) and best time to call Identification of the installed Project Measure 2016 Solar Photovoltaic Standard Offer Program 21

25 Chapter 3, Production Period kwh savings, kw savings, and incentive amount for the Project Measure For each installation, the Service Provider will enter the data listed above. Throughout the course of the installation, Service Providers will input data via the E12 spreadsheet in EEPM and may input installation data all at once or periodically. Service Providers can review this data from time to time and make any changes necessary. Once all of the data has been inputted and reviewed by the Service Provider, the Service Provider will click the submit button to electronically submit this data to Oncor. Savings Reports are generated from the installation data inputs after the post-inspection is complete. No additional data inputs are required to generate these reports. Saving Reports can be downloaded from the Project Application form under the Printed Documents tab. Copies of Savings Reports must be attached under the Attachment tab. The Service Provider shall maintain the original copies of the Saving Report for a period of four (4) years HOST CUSTOMER AGREEMENT AND INSTALLATON NOTICE CUSTOMER CERTIFICATE A signed copy of the Host Customer Agreement and Installation Notice Customer Certificate (which may not be altered) shall be attached under the Attachment tab in EEPM along with the Savings Report. Among other things, the Host Customer Agreement must be signed prior to installation of Measures at a site; it provides Oncor permission to inspect installations, which may be required before Incentive Payments are approved. An Installation Notice Customer Certificate verifies the installation of Energy Efficiency Measures. A copy of the completed Host Customer Agreement and Installation Notice Customer Certificate shall be left with the Host Customer. The Service Provider shall maintain the original copies of the Host Customer Agreement and Installation Notice Customer Certificate for a period of four (4) years PROJECT INVOICES The Savings Report will serve as the Service Provider s invoice for Incentive Payments. Oncor may adjust Incentive Payments based on findings from on-site inspections. The total incentive paid will not exceed the amount in the Reservation of Funds ADDITIONAL DOCUMENTS E12 Spreadsheet Oncor will provide the E12 spreadsheet to the Service Provider through EEPM. The E12 spreadsheet will be updated by the Service Provider and submitted in EEPM during the application process. The Service Provider will update the E12 spreadsheet to include: Project Identification (Project name, Project number, Service Provider name, ESI ID number) Project Type (Deemed Savings, PVWatts) 2016 Solar Photovoltaic Standard Offer Program 22

26 Chapter 3, Production Period Panel Information (Location, Manufacturer, Model number, DC Watts of Panel, Number of Panels, Azimuth, Tilt Angle, Derate Factor) Inverter Information (Location, Manufacturer, Model number, Serial number) PVWatts Calculation Results Page If the PVWatts method is used to calculate the incentive payment, the Service Provider is required to populate the E12 spreadsheet with information from the PVWatts calculator. and provide the PVWatts Results page in EEPM under the Attachments tab, Other Documents. The PVWatts Version 1 calculator can be found at the following website: Complete the following steps when using the PVWatts Version 1 calculator: 1. Select Texas from the list of States and Territories 2. Select the city that is closest to the solar installation site (use Google Maps if necessary to make this determination) 3. Insert the following PV System Specifications: DC Rating (kw) DC to AC Derate Factor (this should always be 0.83 unless a Shading Study is required that results in a different shading component derate value) Array Type (this should always be Fixed Tilt ) Array Tilt (degrees) Array Azimuth (degrees) 4. Select Calculate and on the PVWatts Results page, locate the AC Energy (kwh) value in the Year row and insert this value and other required information in the E12 spreadsheet in EEPM. Shading Study Results Page A Shading Study is required and the Service Provider is required to provide a copy of the study results page in EEPM under the Attachments tab, Shading Study. Deposit A performance security deposit equal to 5% of the incentive estimate shall be included in the IA for all Projects in the Large Commercial Option. The deposit is refundable for Projects provided they meet 75% of their contracted savings goal in the Savings Report within sixty (60) calendar days after the completion date specified in the Program Addendum. Refunded deposits are included as part of the final incentive payment for the project Solar Photovoltaic Standard Offer Program 23

27 3.3 SUBMITTAL REVIEW PROCEDURES Chapter 3, Production Period ADMINISTRATIVE REVIEW Once the Initial Application or Savings Report and accompanying documentation is submitted in EEPM to Oncor, it will be reviewed for accuracy. If, in Oncor s sole discretion, the Service Provider has not provided sufficient information for which Oncor can make a reasonable determination of Service Provider entitlement to such incentives, Oncor may reject payment for the deficiencies in question or the entire Initial Application or Savings Report PRE-INSPECTION All Projects require pre-inspection approval before the Project may proceed to installation. Service Providers should allow ample time for completion of the preinspection which may be up to 20 calendar days depending on the number of submitted Projects. The pre-inspection process will include the following actions: 1. The Service Provider is required to provide information in EEPM for the Project Site and the proposed solar photovoltaic system. This documentation shall include: A signed Host Customer Agreement. Note: Electronic signatures must contain a security verified mark like Docusign, Adobe Certificate or other similar secured software. A signed Reservation of Funds Agreement. Note: Electronic signatures must contain a security verified mark like Docusign, Adobe Certificate or other similar secured software. Current digital photograph(s) of the facility side that the solar panels will be installed on, and of any vegetation or trees located on this side of the facility A completed E12 spreadsheet. This sets the incentive funds amount that will be available for the Project. System size must be accurate. Model and serial numbers for inverters are not required for the pre-inspection The PVWatts calculator Results page, if applicable 2. If no issues are found during the pre-inspection, Oncor will approve the Project Application. Oncor will notify the Service Provider that it may proceed with installation of the Project. Any Project for which the installation of the solar photovoltaic system has started prior to receiving pre-inspection approval will be cancelled, any funds reserved will be returned to the budget, and no incentive payment will be made. If any of the Service Provider actions in the above process are not completed, or the photograph(s) and any other documentation uploaded into EEPM by the Service Provider are not of sufficient detail to complete the pre-inspection, the Project will be rejected. Oncor will allow the Service Provider an opportunity to remedy and resubmit the information required for the pre-inspection Solar Photovoltaic Standard Offer Program 24

28 Chapter 3, Production Period Oncor reserves the right to require additional information on the Project that may be required to complete the pre-inspection. Oncor also reserves the right to disqualify the Project or allow Service Provider to take corrective action if issues with the Project Application are found. After thirty (30) calendar days of approved incentive reservation, Oncor reserves the right to request proof of materials purchased and/or proof that customer funding has been secured. Failure to provide the requested information may result in the cancelation of the Project and release of the reserved funds POST-INSPECTION All Projects require post-inspection approval before the Project is eligible to receive an incentive payment. Service Provider should allow ample time for completion of the postinspection which may be up to twenty (20) calendar days depending on the number of submitted Projects. This post-inspection process will include the following actions: 1. The Service Provider is required to provide information in EEPM for the Project Site and the installed solar photovoltaic system. This documentation shall include: An executed Interconnection Agreement between the Host Customer and Oncor. A signed Installation Notice Customer Certification. Digital photograph(s) of all components associated with the solar photovoltaic system, including the group(s) of solar panels as installed on the facility. o Installed panels o The back of one panel plate showing model and serial number o Equipment wall, inverter, meter and disconnect o Inverter plate showing model and serial number A completed E12 spreadsheet that identifies the system size as installed and specified in the Interconnection Agreement. Incentives will only be paid up to the reserved amount specified in the Initial Project Application. Model and serial numbers are only required for the inverters. A copy of the installation invoice for the solar photovoltaic system. The invoice must include detailed information on the specific equipment installed, including the manufacturer and model of the solar panels and inverter(s) and the wattage rating for each solar panel. A Shading Study performed by the Service Provider that provides and shows the annual unshaded percentage for the solar system. 2. Oncor or its contractor will conduct an on-site post-inspection for the Commercial and Residential Project Options. Oncor will schedule a time and date for any inspection and may require the Service Provider to be present. The Service Provider must 2016 Solar Photovoltaic Standard Offer Program 25

29 Chapter 3, Production Period provide the Inspector with access to the solar panel installation site for any inspection. For the Residential Project Option, the Service Provider may be required to access the roof to verify the wattage of the solar panels. 3. If no issues are found during the post-inspection, Oncor will approve the Project. Next, the Service Provider must sign the Savings Report, attach it in EEPM, and submit the Project for payment. Once this is complete, Oncor will process the incentive payment. If any of the Service Provider actions in the above process are not completed, or the photographs and any other documentation uploaded into EEPM by the Service Provider are not of sufficient detail for the Inspector to complete the post-inspection, the Project will be rejected. Oncor will allow the Service Provider an opportunity to remedy and resubmit the information required for the post-inspection. Oncor reserves the right to require additional information on the Project that may be required to complete the post-inspection. Oncor also reserves the right to disqualify the Project or allow Service Provider to take corrective action if issues with the Project Measure installation are found. If Oncor allows Service Provider to take corrective action, Service Providers shall pay for any additional on-site inspection(s) INCENTIVE ADJUSTMENTS Adjustments Due to Inspections After inspections are completed, all installations will be evaluated to calculate an adjustment factor for Peak Demand and Energy Savings and Incentive Payment. In the event the Service Provider disagrees with the payment adjustment, the Service Provider may request that all information be reviewed again after additional clarifying information is provided by the Service Provider. However, final payment adjustments will be at the sole discretion of Oncor. Deposit Forfeit If a deposit was required and the Installation Notice does not contain at least 75% of the Initial Application incentive estimate, a percentage of the deposit will be forfeited; for example, if the IN has only 70% of the IA incentive achieved, then 30% of the deposit will be forfeited. Projects cancelled thirty (30) calendar days after the Reservation of Funds Agreement is approved by Oncor will result in the deposit being forfeited. Projects not completed by the estimated completion date will result in the deposit being forfeited PROJECT SUBMITTAL PROCESS Service Provider finds and secures a Project and enters the Project into EEPM: After setting up the Project, the Service Provider downloads the Host Customer Agreement under the Printed Documents tab, secures the required signatures and 2016 Solar Photovoltaic Standard Offer Program 26

30 Chapter 3, Production Period attaches the Host Customer Agreement under the Project Attachment tab. All Projects require a signed Host Customer Agreement before the Project can be reviewed and moved to the next step. Submitted Projects must have a signed Reservation of Funds Agreement attached under the Attachment tab. o Residential projects must be completed within ninety (90) calendar days of submitting the Agreement o Small Commercial projects must be completed with one-hundred fifty (150) calendar days of submitting the Agreement and not exceed 100 kw o Large Commercial projects must be completed within two-hundred ten (210) calendar days of submitting the Agreement The completion dates listed above may be extended one time for up to and additional thirty (30) days at the discretion of the Program Manager. Any other extension will be at the discretion of Oncor s Energy Efficiency management. The Reservations of Funds Agreement identifies the kw, kwh and incentive submitted in the E12 spreadsheet for the Project. This identifies the maximum incentive amount that the Project can receive. If the Project is ready to start then the Service Provider checks the inspection box under the Summary tab. If the Host Customer Agreement and Reservation of Funds Agreement are not completed, and a Project is not marked ready for preinspection within nineteen (19) calendar days of the submittal date, the Project is subject to cancellation. The Program Manager will review the Project. If no additional information is needed, the Program Manager releases the Project to management for approval of the Project Reservation of Funds Agreement. Once the Program Manager receives the Project Reservation of Funds Agreement, the Project is moved to pre-inspection. If the Project is not moved to pre-inspection, the Program Manager rejects the Project to the Service Provider. The Service Provider has fifteen (15) business days to resubmit for pre-inspection or the Project is cancelled. Once the Service Provider receives pre-inspection approval, the Service Provider can complete the Project and submit it for review. The submitted Project requires a completed Installation Notice Customer Certificate to be uploaded by the Service Provider under the Attachment tab. Any Project in which the Measures have been installed prior to receiving the pre-inspection approval will be cancelled. The Oncor Program Manager reviews the submittal and may require additional information if needed or moves the Project to post-inspection. Once the Program Manager receives notice of post-inspection approval, the Service Provider is notified to submit the Savings Report which will show any adjustments to the Project due to either the pre-inspection or post-inspection. Should a Project be wait-listed due to funding not being available, it should not proceed until the Service Provider is notified that funding has become available, all required paperwork has been completed, and Service Provider has received notice that the Project has passed pre-inspection and the Service Provider may proceed 2016 Solar Photovoltaic Standard Offer Program 27

31 Chapter 3, Production Period with the Project. Otherwise, if the Project Measures have been installed prior to receiving pre-inspection approval, the Project will be cancelled. Wait listing will begin when all program funding is reserved. As additional funding becomes available the funds will be offered to Projects on the wait list in the order they are submitted. 3.4 EQUIPMENT AND INSTALLATION MAJOR EQUIPMENT (MODULES, INVERTERS) Only new eligible solar photovoltaic equipment providing energy to the customer premise through an interconnection on the customer s side of the electric meter qualifies for incentives under this Program. Oncor is not a manufacturer, supplier or guarantor of the solar photovoltaic system or Service Providers, and Oncor, whether by making available a list of registered Service Providers and equipment sources or otherwise, has not made and makes no representations or warranties of any nature, directly or indirectly, express or implied, as to performance of the Service Provider or reliability, performance, durability, condition, or quality of the solar photovoltaic system selected and purchased or leased INTERCONNECTION All solar photovoltaic systems must be interconnected, at the Host Customer s expense, to Oncor s electrical grid. The system must comply with Oncor interconnection requirements for distributed generation systems as defined by the Public Utility Commission of Texas. More information on the general steps for interconnection of solar photovoltaic systems can be found at the following Oncor website: Arrangements regarding interconnection must be made with the Oncor Representative responsible for Interconnection Agreements as soon as possible after an incentive commitment is made and prior to beginning installation of the Project. An Interconnection Agreement with Oncor must be completed and signed by both the Host Customer and Oncor. After the Service Provider receives a fully executed copy of the agreement from the Oncor Representative listed below, the Service Provider must upload a copy of the agreement into EEPM during the post-inspection process or before the Project is paid. Oncor Representative Responsible for Interconnection Agreements: Oncor Attn: Ken Brunkenhoefer 1616 Woodall Rodgers Dallas, TX Phone: [email protected] 2016 Solar Photovoltaic Standard Offer Program 28

32 Strike CODES, STANDARDS, AND PERMITS Chapter 3, Production Period All solar photovoltaic system installations must obtain appropriate local building permits and pass all required local inspections, and must be in full compliance with the National Electric Code. Work must be performed in accordance with all applicable federal, state, and local codes and standards. 3.6 QUALITY ASSURANCE AND THREE STRIKE POLICY Table 1 explains the potential actions Oncor may take when a Service Provider (SP) provides inaccurate information, receives customer complaints, or does not follow the program guidelines. Oncor does not by virtue of this outline waive any of its rights under any of its agreements with any SP, including but not limited to its right to terminate for any or no reason. Table 1: Strike Three Policy Examples of Failure No Customer Impact Reporting errors for three or more projects that includes paperwork errors and/or EEPM system input errors. Proposed Action Taken by Program Manager (PM) with SP Meet/counsel with SP to explain failures and possible causes. Discuss appropriate actions that SP should take to eliminate these failures. Time-Frame of Lockout If next project has any failures SP is placed in a one-month lockout and SP must present action plan to PM outlining steps taken to stop failures. After completing the onemonth lockout period the SP will be unlocked and can resume work until any future project contains a failure Solar Photovoltaic Standard Offer Program 29

33 Strike 3 Strike 2 Chapter 3, Production Period Customer Impacted Egregious or Repetitive Offenses Installation/performance/ work related /inspection failures and customer complaints. Unauthorized use of Oncor in any SP created marketing materials. SP uses Oncor website to submit/report manufactured ratings/comments for themselves and/or other SP s. Use of marketing companies without disclosure as subcontractor. Note: If SP repeats and/or continues offenses that have been documented from prior years in either Program, then recommendation will be made for SP to move to Strike 3. Fraud related failures Creating and/or exposing a customer(s) to an unsafe condition(s). Non compliance to any prior corrective actions. Meet/counsel with SP to explain failures and possible causes. Discuss appropriate actions that SP should take to eliminate these failures. Impose a two-month lockout period to allow the SP time to address the areas that have caused the failures and have SP develops a plan to present after the lockout period. Meet with SP after two-month period to review the action plan from the SP. If plan is acceptable SP is unlocked. Should failures continue after SP is unlocked the first time, PM will notify SP that they will be placed back into lockout for the remainder of the Program year. Meet/counsel with SP to explain failures and explore the reasons the offense(s) may have occurred. Describe offenses for management and obtain approval to proceed with termination. Create termination letter and have legal review and approve. SP is locked out for a minimum of two- months. No work can be done or PR s accepted during the two-month lockout period. After two-month lockout period is completed the SP can resume work until any future PR contains a failure. This is subject to available funding in either program. Should failures continue after SP is unlocked the first time, PM will notify SP that they will be placed back into lockout for the remainder of the Program year. SP is locked out immediately and terminated in system once management and legal approve. Termination letter is sent to SP and Umbrella Contract is cancelled. SP should be Terminated in EEPM and not allowed to participate in any current and/or future Oncor Energy Efficiency Programs Solar Photovoltaic Standard Offer Program 30

34 APPENDIX 4 CONTRACTUAL PROVISIONS 4.1 COMPLIANCE WITH PROGRAM REQUIREMENTS By executing the Program Addendum, Service Provider warrants and represents that it is aware of and complies with all of the Contract Documents. Service Provider also warrants and represents that it meets or exceeds all of the following qualifications required by Oncor for participation in the SPVSOP: Possesses and can demonstrate experience in implementing similar Projects. Can produce evidence of a good credit rating. Can produce evidence of possession of all applicable licenses required under state law and local building codes. Can produce evidence of possession of all building permits required by governing jurisdictions. Can produce the proof of insurance required by Oncor. Can produce evidence that subcontractors used carry the insurance requirements as required by Service Provider. Service Provider warrants and represents that the Project meets all applicable federal, state, and local laws and regulatory requirements, and also warrants and represents that: The Project will result in Peak Demand and/or Energy Savings and a reduction in energy costs for the end-use customer. The Project will result in consistent and predictable Peak Demand and/or Energy Savings over the Estimated Useful Life of the Measure. The Project Application disclosed all potential adverse environmental or health effects associated with the Measures to be installed, if any. Service Provider will comply with the customer protection requirements in PUCT Substantive Rule (u) while implementing the Project. The Project does not achieve Peak Demand reduction and/or Energy Savings by eliminating an existing function or shutting down a facility or operation or result in building vacancies or the relocation of existing operations to locations outside of the facility or area served by Oncor. Measures installed pursuant to the Project would not be installed even in the absence of the Project. The Project does not result in negative environmental or health effects, including 2016 Solar Photovoltaic Standard Offer Program 31

35 effects that result from improper disposal of equipment and materials. APPENDIX Service Provider acknowledges that it reviewed a copy of this Program Manual prior to submission of its Project Application. Service Provider warrants and represents that its participation in the SPVSOP has at all times been in compliance with the procedures and conditions set forth in the SPVSOP Program Manual, and that any failure to comply therewith may be treated as a breach of the Program Addendum notwithstanding the fact that such failure occurred prior to the execution of the Program Addendum. Service Provider also acknowledges that it meets or exceeds all of the qualifications required to participate in the SPVSOP as described in this Program Manual, and that failure to meet the qualifications therein may be treated as a breach of the Umbrella Agreement and Program Addendum. Service Provider warrants and represents that the total funds requested by it and its Affiliates do not equal more than 20% of the SPVSOP budget for each Project Option inclusive of its Affiliates CO-BRANDING GUIDELINES Service Provider will act as and be deemed to be an independent contractor. Service Provider will not act as, nor be deemed to be, an agent or employee of Oncor. Service Provider will have the sole right to control and directly supervise the method, manner, and details of the Project, providing it is in accordance with the Contract Documents. Service providers may not represent themselves as Oncor employees in the field, nor should they communicate in any way that they work on behalf of Oncor. Oncor does not endorse any Service Provider; therefore, written or verbal communication implying an endorsement is prohibited. Any reference to Oncor programs by Service Providers should clearly state that the service provider is a participant in Oncor s programs. Service Providers participating in programs will be listed on takealoadofftexas.com. Following is sample language Service Providers can use when communicating their relationship with Oncor. George s Energy Solutions is participating in Oncor s Solar PV Standard Offer Program. Through this program, we are able to install energy efficiency upgrades to help our customers reduce energy consumption Co-branding with Oncor Co-branding with Oncor is prohibited unless special permission is granted by Oncor communications. Service Providers and vendors may not use the Oncor/Take A Load Off, Texas logo in any marketing materials. Service Providers may promote Oncor s programs by distributing program marketing materials that are reviewed and approved by Oncor. Web Site Policy Service Providers are permitted to link their Web site to takealoadofftexas.com if the company agrees to the terms outlined in Oncor s Web linking policy and places required legal language on the company s Web site. Service Providers must submit a signed Web linking policy to their program manager prior to linking. Service Providers are also permitted to place the URL on customer facing marketing materials (e.g. pamphlets or 2016 Solar Photovoltaic Standard Offer Program 32

36 APPENDIX flyers) this excludes company vehicles, banners, company signage etc. This would be considered co-branding which is prohibited by Oncor. 4.2 REQUIRED PROGRAM DOCUMENTS Prior to installation of a Project Measure at a Project Site, Service Provider must execute a Host Customer Agreement for every Host Customer affiliated with each Project Site. Only sites under the same owner may be submitted under the same Project Application; otherwise each site will be a separate Project. Oncor will not award Incentive Payments without proper completion of the associated Host Customer Agreement(s). Incomplete Host Customer Agreements will result in the Host Customer being deleted from the Savings Report with no payment being made for the installed Measure/s. After installation of the Project Measure at a Project Site, Service Provider must obtain an Installation Notice Customer Certificate from each Host Customer verifying the Measure was actually installed at the Project Site. If a Host Customer refuses to sign the Installation Notice Customer Certificate, Service Provider may request that Oncor perform an inspection of the Project Site, which shall be performed at Service Provider s expense. Final payment of incentives will not be made unless and until an Installation Notice Customer Certificate or inspection has been completed in accordance with the terms of the Contract Documents. Should Oncor not be able to complete the inspection, the Host Customer will be subject to removal from the Savings Report with no payment being made for the installed Measure. 4.3 PROJECT IMPLEMENTATION Service Provider agrees to use all reasonable efforts to implement the Project without undue delay and otherwise in accordance with the terms of the Contract Documents. Measures shall be designed, constructed and installed in a good and workmanlike manner only with materials and equipment of appropriate quality and, in any event, in accordance with Prudent Electrical Practices. The 2016 Measures submitted for payment can only be installed and submitted during the Program s effective dates for Service Provider shall electronically submit the final Installation Notice Customer Certificate 2116 by 5:00 p.m. Central Time on November 18, If a Savings Report, Host Customer Agreement, Installation Notice Customer Certificate, or other required supplemental documentation is deficient, Oncor will notify Service Provider of the deficiency, and Service Provider shall correct the deficiency within the period of time specified in the notice of deficiency. Service Provider shall verify that all attached documentation is legible. Oncor can request revised copies of documentation if it deems the documentation illegible. Service Provider should review all attachments for readability and correct if necessary. Oncor will inspect a statistically significant sample of the Project Measures included by Service Provider in Savings Report. These inspections shall be used to determine whether the Measures were installed and are capable of performing their intended function of producing Peak Demand and/or Energy Savings. If Oncor determines that the Measures have been installed, tested, and inspected to the extent required by Oncor and found to be capable of providing Peak Demand and/or Energy Savings in material compliance with the Contract Documents, the Savings Report will be approved as 2016 Solar Photovoltaic Standard Offer Program 33

37 APPENDIX submitted. The Verified Savings attributable to the Measures documented in the approved Savings Report will be used for purposes of calculating the Incentive Payment. If Oncor determines that any of the Measures installed pursuant to the Project are not capable of providing the incentive associated with the Peak Demand and/or Energy Savings in material compliance with the Contract Documents, a reduction in the incentives associated with the Peak Demand and/or Energy Savings will be required for purposes of calculating the final Incentive Payment. Any view, inspection, or acceptance by Oncor of any Project Site or of the design, construction, installation, operation, and maintenance of the Measures is solely for the information of Oncor. In performing any such inspection or review or in accepting the Measures, Oncor makes no representation or warranty whatsoever as to the economic or technical feasibility, capability, safety, or reliability of the Measures; their installation by Service Provider; or their compatibility with the Host Customer s facilities. 4.4 INCENTIVE PAYMENTS Oncor agrees to make an Incentive Payment to Service Provider based upon the Verified Savings derived from the Project. The total Incentive Payment due to Service Provider will be calculated by multiplying the Verified Savings by the applicable incentive rate. The total amount of incentives paid will not exceed the amount in the Reservation of Funds Agreement. Oncor will only make Incentive Payments to the extent funding remains available in the Program Option budget at the time the associated Savings Report is received by Oncor. 4.5 AUDIT AND RECORDS Service Provider shall keep and maintain accurate and detailed records and documentation relating to each Project and its associated Peak Demand and/or Energy Savings for a period of not less than three (3) years beyond the completion of the Project. During the retention period, such records shall be made available, upon reasonable notice, for inspection during normal business hours by Oncor or any governmental agency having jurisdiction over the SPVSOP or any portion of the Project. According to the Texas Business and Commerce Code - Section 35.48, Retention and Disposal of Business Records, businesses that dispose of records containing personal information must destroy or modify the record through shredding or other means that renders the information unreadable. Personal information consists of the customer s name and any of the following: Customer identification number (premise number, meter number and/or ESI ID) Social Security number (or government identification number) Driver license number Address (physical or mailing) 2016 Solar Photovoltaic Standard Offer Program 34

38 4.6 AMENDMENT APPENDIX No amendment or modification of the Contract Documents shall be binding on either party unless it is in writing and signed by both parties. Amendments to this Program Manual will be attached hereto and made a part hereof for all purposes. Oncor may terminate the Umbrella Agreement and any Program Addendum at any time and for any reason in its sole discretion. Notwithstanding anything contained in the Contract Documents to the contrary, Oncor may from time to time modify the Standard Offer Program. If Oncor determines in its sole discretion that the modification necessitates an amendment of this Program Manual, Oncor shall notify Service Provider in writing of the need to amend this Program Manual to comply with such changes and shall provide Service Provider with an Amendment setting forth the required changes. If Service Provider does not execute and return such amendment on or before five (5) calendar days of its receipt of such notice (the Amendment Deadline ), the Program Addendum shall terminate on the Amendment Deadline, and the parties will have no further obligations under the Program Addendum other than those accruing prior to such termination. 4.7 PERMITS, LICENSES, AND COMPLIANCE WITH LAW Service Provider represents and warrants that prior to beginning installation of any Measures, it will obtain, at its own cost and expense, all permits, licenses, and other authorizations from governmental authorities in its business name as then may be required to install, construct, operate, and maintain the Measures and to perform its obligations hereunder. During the term hereof, Service Provider will obtain all such additional governmental permits, licenses, and other authorizations when required with respect to any of the Measures. If requested by Oncor, Service Provider shall furnish to Oncor copies of each such permit, license, or other approval promptly following receipt thereof. Service Provider shall maintain in full force and effect all such governmental permits, licenses, and other authorizations as may be necessary for the construction, operation, or maintenance of the Measures in accordance herewith. Service Provider shall be responsible for all royalties, fees, or claims for any licensed, copyrighted, or similarly protected intellectual property, device, process, or procedure used, installed, or provided by it. Service Provider shall defend any suit that may be brought against Oncor and shall hold Oncor harmless from any liability, damages, and costs, including without limitation attorney s fees, incurred by Oncor arising from or related to infringement or alleged infringement of any such intellectual property used by Service Provider in the implementation of the Project. All work performed by Service Provider in connection with the implementation of the Project and all Measures installed or maintained by Service Provider shall comply with all applicable laws, statutes, ordinances, rules, regulations and decrees of any governmental or administrative body having jurisdiction over Oncor, Service Provider, the SPVSOP or any portion of the Project. 4.8 INDEPENDENT CONTRACTOR Service Provider will act as and be deemed to be an independent contractor. Service 2016 Solar Photovoltaic Standard Offer Program 35

39 APPENDIX Provider will not act as, nor be deemed to be, an agent or employee of Oncor. Service Provider will have the sole right to control and directly supervise the method, manner, and details of the Project, providing it is in accordance with the Contract Documents. 4.9 FORCE MAJEURE Should either party be rendered unable, either wholly or in part, by an event of Force Majeure to fulfill its obligations under the Contract Documents, the obligation of the Party so rendered, which is affected by the event of Force Majeure, will be suspended only during the continuance of that inability. The Party so affected will give written notice of the existence, extent, and nature of the Force Majeure to the other party within fortyeight (48) hours after the occurrence of the event. The party so affected will use its best efforts to remedy its inability as soon as possible and will provide the other party with prompt notice when it is able to resume the performance of its obligations. Failure to give notice will result in the continuance of the affected party s obligation regardless of the extent of any existing Force Majeure. The term Force Majeure as used in this Program Manual will mean acts of God (except as excluded herein), strikes, lockouts, or other industrial disturbances; acts of public enemies or terrorists, wars, blockades, insurrections, riots, epidemics, earthquakes, fires; priority allocations of pipe or other materials or orders; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; any arrests and restraints, civil disturbances, explosions; and inability despite reasonable diligence to obtain materials essential to this Program Manual. Rain, snow, ice, or other adverse weather conditions will not be considered events of Force Majeure. The term Force Majeure does not include: events or circumstances that affect the costs of installing the Measures but do not prevent performance, including, but not limited to, requirements, actions, or failures to act on the part of governmental authorities (including the adoption or change in any rule or regulation or environmental constraints lawfully imposed by federal, state, or local governmental bodies); changes in market conditions; and events or conditions attributable to normal wear and tear or flaws randomly experienced in materials and equipment and their assembly and operation, unless such events and conditions are caused by an occurrence that would fit the definition of Force Majeure set forth in this Program Manual. In no event will any Force Majeure extend the Umbrella Contract or Program Addendum beyond its stated term. If any Force Majeure causes a reduction in the Measures, the parties may at any time agree to reduce the number of Measures or associated Energy Savings and Peak Demand Savings for the duration of the Force Majeure event MISCELLANEOUS Service Provider will not assign, transfer, or otherwise dispose of any of its obligations or duties without the prior written approval of Oncor. Any assignment or transfer made without the express written approval of Oncor will be null and void Solar Photovoltaic Standard Offer Program 36

40 APPENDIX The rights and remedies provided by the Contract Documents are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the party may have by law, statute, ordinance, or otherwise. No waiver by the party hereto of any default or breach of any term, condition, or covenant of the Contract Documents shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein. In the event any provision of the Contract Documents is held to be void, unlawful, or otherwise unenforceable, that provision will be severed from the remainder of the Contract Documents and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; the Contract Documents as so modified will continue to be in full force and effect Solar Photovoltaic Standard Offer Program 37

41 APPENDIX APPENDIX APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H PROGRAM ADDENDUM INITIAL APPLICATION AGREEMENT RESERVATION OF FUNDS AGREEMENT INSTALLATION NOTICE CUSTOMER CERTIFICATE SAVINGS REPORT HOST CUSTOMER AGREEMENT INSURANCE REQUIREMENTS ONCOR CORE VALUES 2016 Solar Photovoltaic Standard Offer Program 38

42 APPENDIX APPENDIX A PROGRAM ADDENDUM This Program Addendum ( Program Addendum ) is made by the undersigned pursuant to the Amended and Restated Texas Energy Efficiency Market Agreement (the Agreement ) dated as of (Umbrella Agreement approval date auto fill from EEPM), by and between Oncor Electric Delivery Company LLC ( Company ), a Delaware limited liability company, and (auto fill from EEPM) (hereinafter Participant ). WHEREAS, Company has developed a demand-side (Program name auto fill from EEPM) (the Program ) for its (customer class commercial or residential auto fill EEPM) customer classes as part of Company s TEEM Program (as defined in the Agreement); and WHEREAS, the Program seeks to procure energy and peak demand savings through the installation and operation of energy efficiency measures at (customer class commercial or residential auto fill from EEPM) customer sites; and WHEREAS, Participant has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Company s (Program Name auto fill from EEPM) Manual (the Manual ), including all terms and conditions therein, is incorporated into this Program Addendum in its entirety. Undefined capitalized terms used herein have the meanings given them in the Manual. Any references in the Manual to Service Provider shall refer to Participant. 2. Participant understands and agrees to be bound by the Manual. Participant further understands and agrees that the Manual is subject to change from time to time, at the sole discretion of Company. 3. Participant understands and agrees that it shall only be allowed to participate in the Program during the period of time in which the Agreement and the Manual are in effect. 4. Participant understands and agrees that as a condition to participating in the Program, Participant must submit an application ( Application ) each year in accordance with the requirements set forth in the Manual. 5. The TEEM Projects (as defined in the Agreement) shall consist of Participant s participation in the Program pursuant to the Manual and an Application for such TEEM Projects that has been approved by Company. Participant shall complete the TEEM Projects in accordance with the Manual and such Application. Available incentives/fees for the TEEM Projects and terms governing the payment of such incentives/fees shall be set forth in the Manual; provided, however, that Company may, in its sole discretion, condition its approval of an Application based on incentives/fees that differ from that set forth in the Manual ( Replacement Incentives ). Any Replacement Incentives and terms governing the payment of such Replacement Incentives shall be set forth in a writing executed by both Company and Participant prior to commencement of the TEEM Projects. Replacement Incentives will supersede any incentives/fees set forth in the Manual. 6. The term of this Program Addendum shall commence on the date of execution by Company (the Commencement Date ) and, unless otherwise terminated as set forth in the Agreement, shall continue in force and effect until Company s payment of any applicable incentives/fees payable in 2016 Solar Photovoltaic Standard Offer Program 39

43 APPENDIX accordance with Section 5 of this Program Addendum upon Participant s completion of the TEEM Projects. 7. In the event Company provides Participant with a notice of termination, Participant will finish any Project already commenced which cannot be discontinued without breaching the Host Customer Agreement. Company will have no obligations with respect to any contractual obligations entered into between Host Customer and Participant after Participant s receipt of Company s notice of termination. 8. Participant understands and agrees that any TEEM Projects must be completed in accordance with the terms and conditions set forth in the Manual. Company shall have no obligation to make any payments with respect to any TEEM Projects or portions of TEEM Projects that are not completed in compliance with the Manual. In the event Company makes any payment with respect to a TEEM Project or portion of a TEEM Project that Company later determines was not completed in compliance with the Manual, Participant agrees to reimburse Company for the amount of such payment. 9. In the event a TEEM Project is terminated prior to completion, Company's only liability will be to pay Participant the unpaid balance due Participant for that portion of the TEEM Project commenced and which cannot be discontinued without breaching the Host Customer Agreement; notwithstanding the foregoing, however, Company shall not be required to pay Participant for any portion of a TEEM Project that Company determines was not completed in compliance with the terms and conditions set forth in the Manual. 10. The parties understand and agree that this Program Addendum shall be incorporated into, and shall become a part of, the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Program Addendum to be executed by their duly authorized representatives. By execution of this Program Addendum, each party reaffirms the binding nature of the Amended and Restated Texas Energy Efficiency Market Agreement (the Agreement ) and represents and warrants that the Agreement was duly and properly executed by an authorized individual on behalf of such party. ONCOR ELECTRIC DELIVERY COMPANY LLC By: Name: Amanda Townsend Title: Manager Energy Efficiency Date: [PARTICIPANT auto fill from EEPM] By: Name: Title: Date: 2016 Solar Photovoltaic Standard Offer Program 40

44 APPENDIX APPENDIX B INITIAL APPLICATION AGREEMENT 2016 Solar Photovoltaic Standard Offer Program 41

45 APPENDIX APPENDIX C RESERVATION OF FUNDS AGREEMENT 2016 Solar Photovoltaic Standard Offer Program 42

46 APPENDIX APPENDIX D INSTALLATION NOTICE CUSTOMER CERTIFICATION 2016 Solar Photovoltaic Standard Offer Program 43

47 APPENDIX APPENDIX E SAVINGS REPORT 2016 Solar Photovoltaic Standard Offer Program 44

48 APPENDIX APPENDIX F HOST CUSTOMER AGREEMENT I. General Information Host Customer Name Service Provider Name Project Name Site Address City and ZIP Code II. Host Customer and Service Provider Acknowledgements ( Service Provider ) intends to install energy efficiency measures at facilities owned and/or operated by ( Host Customer ) at the address(es) ( Project Site(s) ) listed above (the Project ). The Service Provider is implementing the Project as part of an energy efficiency Standard Offer Program (the Solar Photovoltaic Standard Offer Program ) offered by Oncor Electric Delivery Company LLC ( Oncor ). In consideration of participation in the Solar Photovoltaic Standard Offer Program, and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, Service Provider and Host Customer agree as shown below. III. Customer and Service Provider Agreements Host Customer agrees to provide Oncor, upon three (3) days prior notice (which may be oral, electronic, or written) from Service Provider, full and complete access to the Project Site for any purpose related to the Solar Photovoltaic Commercial Standard Offer Program. Host Customer agrees that said access shall be provided during the Host Customer s normal business hours and in compliance with the Host Customer s reasonable access requirements. Host Customer acknowledges that any view, inspection, or acceptance by Oncor of the Project Site or of the design, construction, installation, operation, or maintenance of the measures is solely for the information of Oncor, and that, in performing any such inspection or review or in accepting the measures, Oncor makes no representations or warranties whatsoever as to the economic or technical feasibility, capability, safety, or reliability of the measures; the energy savings of such measures; the installation of such measures by the Service Provider; or their compatibility with the Host Customer s facilities. Host Customer attests by signing below that the project/measure(s) would not have been accomplished or would have been completed with less efficient equipment/materials except for the existence of the incentive provided by the Solar Photovoltaic Standard Offer Program. Host Customer acknowledges that the Service Provider is an independent contractor with respect to Oncor and the Solar Photovoltaic Standard Offer Program, and that the Service Provider is not authorized to make representations or incur obligations on behalf of Oncor. Host Customer acknowledges that Oncor is not a party to this Host Customer and Service Provider Agreement and that the Service Provider is solely responsible for performance 2016 Solar Photovoltaic Standard Offer Program 45

49 APPENDIX thereunder. Host Customer acknowledges that Oncor makes no warranty or representation regarding the qualifications of the Service Provider and that the Host Customer is solely responsible for the selection of the Service Provider. Host Customer acknowledges that the Host Customer may file a complaint with the Public Utility Commission of Texas concerning the Service Provider, but that Oncor will play no role in resolving any disputes that arise between the Host Customer and the Service Provider. Host Customer and Service Provider acknowledge that the total Project cost proposed by the Service Provider and accepted by the Host Customer is $XXX and that the incentive paid for the Project will never exceed 50% of the total Project cost. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, HOST CUSTOMER AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS ONCOR FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, ATTORNEYS FEES, JUDGMENTS, COSTS, AND/OR LEGAL LIABILITY (COLLECTIVELY REFERRED TO HEREIN AS CLAIMS ) OF HOST CUSTOMER OR ANY CONTRACTOR OR SERVICE PROVIDER ENGAGED BY HOST CUSTOMER OR ANY OWNER OR OCCUPANT OF THE PROJECT SITE, AND ALL AFFILIATED OR RELATED FIRMS AND ENTITIES, OFFICERS, DIRECTORS, PARTNERS, LIMITED PARTNERS, EQUITY HOLDERS, ASSOCIATES, EMPLOYEES, SERVANTS, AND AGENTS OF EACH (COLLECTIVELY, THE CUSTOMER GROUP ) ARISING OUT OF OR RELATED TO, OR IN ANY WAY CONNECTED WITH THE PROJECT, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO: 1) INJURY OR DEATH OF PERSONS; 2) DAMAGE TO PROPERTY OR NATURAL RESOURCES; 3) VIOLATION OF ANY LOCAL, STATE, OR FEDERAL LAW OR REGULATION INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL AND HEALTH AND SAFETY LAWS OR REGULATIONS; 4) STRICT LIABILITY IMPOSED BY ANY LAW OR REGULATION; 5) EQUIPMENT MALFUNCTIONS; OR 6) ENERGY SAVINGS SHORTFALLS OF THE PROJECT; AND FURTHER, IT IS THE EXPRESS INTENT OF THE PARTIES THAT, FOR THE PURPOSES OF THIS PARAGRAPH, CLAIMS, AND CUSTOMER'S OBLIGATIONS TO DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS, WILL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS ARISING OUT OF OR RESULTING FROM ONCOR GROUP'S SOLE OR CONCURRENT (1) NEGLIGENCE, (2) STRICT LIABILITY, OR (3) OTHER FAULT OF ANY NATURE. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Service Provider Host Customer Signature: Name: Title: Company: Date: Signature: Name: Relationship to Host Cust. Date: 2016 Solar Photovoltaic Standard Offer Program 46

50 APPENDIX APPENDIX G INSURANCE REQUIREMENTS ENERGY EFFICIENCY PROGRAMS Insurance Requirements Service Provider will, at its own expense, maintain in force throughout the period of the Agreement at least the following minimum insurance coverages, with insurers acceptable to Oncor Electric Delivery Company LLC (Oncor). TYPE/COVERAGE MINIMUM LIMITS OF LIABILITY COMMERCIAL GENERAL LIABILITY including bodily injury and property damage; personal and advertising injury; contractual liability; products and completed operations; explosion, collapse and underground damage and premise operations written on an occurrence form. AUTOMOBILE LIABILITY with a combined single limit per accident for bodily injury, including death, and property damage (applicable to all owned, non-owned and hired autos, trailers and semi-trailers). WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY providing statutory benefits in accordance with the laws and regulations of the State of Texas. Each Occurrence: $1,000,000 General Aggregate: $1,000,000 Products Comp/Ops Aggregate: $1,000,000 Combined Single Limit $ 500,000 Each Accident $ 500,000 Disease Each Employee $ 500,000 Disease Policy Limit $ 500,000 The required limits of insurance can be satisfied by any combination of primary and excess coverage, if any, and shall follow form of the underlying general liability and auto liability policies. COIs must state that certificate holder is included as additional insured on all policies of insurance (except worker's compensation) and all required coverages provide waiver of subrogation in favor of the certificate holder. Each of the above policies, except workers compensation and employers liability insurance, must contain provisions that specify that the policies are primary and will apply without consideration for other policies separately carried and will state each insured is provided coverage as though a separate policy had been issued to each, except with respects to limits of insurance, and that only one deductible will apply per occurrence regardless of the number of insureds involved in the occurrence. Service Provider will be responsible for any deductibles or retentions. Prior to commencement of Project and annually for the term of this agreement, Service Provider will have agent/broker provide Oncor certificates of insurance evidencing the coverage required herein. Oncor s review of certificates or policies will not be construed as accepting any deficiencies in Service Provider s insurance or relieve Service Provider of any obligations set forth herein. In addition, Service Provider will require each of its subcontractors to provide adequate insurance. Any deficiencies in the insurance to be provided by subcontractors will be the responsibility of Service Provider. Service Provider shall provide thirty (30) days prior written notice of cancellation to or, in the case of non-payment of premium, ten (10) days written notice of cancellation to Oncor. The requirements contained herein as to the types and limits of all insurance to be maintained by the Service Provider are not intended to and will not, in any manner, limit or qualify the liabilities and obligations assumed by the Service Provider under the Agreement. Required insurance should be certified using the ACORD 25 form dated 2010/05 or later, or similar evidence of insurance acceptable to the Texas Department of Insurance (TDI). If Service Provider s insurance carrier/agent provides Oncor a certificate of insurance (COI) that is not an ACORD 25 form dated 2010/05 or later, insurance carrier/agent must also submit sufficient documentation directly to Oncor indicating that certificate is approved by TDI. All policies must be issued by carriers having an A.M. Best s rating of A- or better, and an A.M. Best s financial size category of VIII, or better. Insurance provided by the Service Provider must be maintained in effect during the entire term of this Agreement. Additionally, the National Association of Insurance Commissioners number (NAIC #) assigned to the policy carrier should be shown on the COI. COIs must be signed/dated by insurance agent or authorized representative. Certificate holder must be shown as: Oncor Electric Delivery Company LLC and its affiliates 1616 Woodall Rodgers Fwy. EEPM Suite 5M Dallas, Texas The original COI must be forwarded to the certificate holder (Oncor) at [email protected]. Please do not mail copies of the insurance certificate Solar Photovoltaic Standard Offer Program 47

51 APPENDIX H ONCOR CORE VALUES APPENDIX Oncor s Core Values represent our philosophy for doing business and define who we are. They are our guiding principles on which we perform work and conduct ourselves and are the foundation and define how we go about our work and behave every day at Oncor. These Core Values extend to our partners and how they perform work and provide services to customers. The chart below defines the Core Values and the expectations for Service Providers as participants in the Energy Efficiency Programs. Core Value Excellence represents continually driving for and demonstrating high standards to deliver superior company performance, the highest level of safety for employees and the public and cost effective and reliable service to our customers. Excellence is characterized by our quality service, superior performance, commitment to safety, understanding customer needs, efficiency, dependability, reliability and accountability. Intensity represents our diligence and commitment to pursuing our obligations and responsibilities. Intensity is characterized by our bias for action, sense of urgency, passion, commitment, initiative, decisiveness, discipline, rigor and tenacity. Ethical Conduct identifies our personal integrity as applied to the pursuit of Oncor s goals and objectives. Ethical Conduct is characterized by our openness, fairness, honor, honesty and integrity. Innovation is the passion and commitment to improve our company s services, programs, processes, operations and business model, with the purpose of creating value for our customers and stakeholders. Innovation is characterized by our creativity, ingenuity, embracing change, processes for identifying strategic opportunities and taking intelligent risks. Respect demonstrates the value we place in others. Respect is characterized by our diversity, individual dignity, responsibility, safety, openness, loyalty, humility and modesty. Service Provider Expectations Provide superior customer service, perform work safely, create a safe environment for customers to live and work, provide quality services and products, exceed customer s expectations and be accountable for work. Commit to perform work effectively, communicate issues to Program Managers, treat each project and customer as a priority, deliver timely results, and conduct post-work follow ups to ensure customer expectations are met. Provide transparency in work, accuracy in project information, honesty with customers and perform all work with integrity. Help customers find the best solution to their needs, communicate challenges to Program Managers and help devise solutions, provide information to customer s about how to improve their efficiency and treat each project with individuality. Treat others respectfully, including customers, your team, partners and Program Managers. Represent yourself, your company and Oncor with dignity and place a priority on the safety of employees and customers Solar Photovoltaic Standard Offer Program 48