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

Transcription

1 STATE OF CALIFORNIA PUBLIC UTILITIES COMMISSION SAN FRANCISCO, CA Edmund G. Brown Jr. Governor Revised December 11, 201 Advice Letter 2787E and 2787E-A Akbar Jazayeri Vice President, Regulatory Operations Southern California Edison Company P O Box 800 Rosemead, CA Subject: Supplemental Filing to AL 2787-E, Revision of SCE Company's On-Bill Financing Agreement Government/Institutional Customer Projects Form Dear Mr. Jazayeri: Advice Letters 2787-E and 2787E-A are effective November 1, Sincerely, Edward F. Randolph, Director Energy Division

2 ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION Utility Name: Southern California Edison. Date Utility Notified: October 29, 2012 via: Utility No./Type: Electric [ x ] to: darrah.morgan@sce.com Advice Letter No E Fax No.: N/A Date AL filed: October 2, 2012 ED Staff Contact: Jennifer Finnigan Utility Contact Person: Darrah Morgan Utility Phone No For Internal Purposes Only: Date Calendar Clerk Notified: / / Date Commissioners/Advisors Notified: / / [ x ] INITIAL SUSPENSION (up to 120 DAYS) This is to notify that the above-indicated AL is suspended for up to 120 days beginning November 1, 2012 for the following reason(s) below. If the AL requires a Commission resolution and the Commission s deliberation on a resolution prepared by Energy Division extends beyond the expiration of the initial suspension period, the advice letter will be automatically suspended for up to 180 days beyond the initial suspension period. [ ] Section 455 Hearing is Required. A Commission resolution may be required to address the advice letter. [ ] Advice Letter Requests a Commission Order. [ X ] Advice Letter Requires Staff Review Expected duration of initial suspension period: 120 days. [ ] FURTHER SUSPENSION (up to 180 DAYS beyond initial suspension period) The AL requires a Commission resolution and the Commission s deliberation on the resolution prepared by Energy Division has extended beyond the expiration of the initial suspension period. The advice letter is suspended for up to 180 days beyond the initial suspension period. If you have any questions regarding this matter, please contact Jennifer Finnigan at or via at jf5@cpuc.ca.gov. cc: ED Tariff Unit Bruce Kaneshiro *Note reference Decision (D.) , dated February 21, 2002; D , dated January 13, 2005.

3 Akbar Jazayeri Vice President of Regulatory Operations October 2, 2012 ADVICE 2787-E (U 338-E) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION SUBJECT: Revision of Southern California Edison Company s On-Bill Financing Agreement Government/Institutional Customer Projects, Form Southern California Edison Company (SCE) hereby submits for filing the following changes to its tariff sheets. The revised tariff sheets are listed on Attachment A and are attached hereto. PURPOSE SCE requests California Public Utilities Commission (Commission) approval of a modification to its On-Bill Financing Agreement Government/Institutional Customer Projects, Form , to incorporate clarifying changes to the Promise to Pay Section of the Agreement. The On-Bill Financing Agreement Government/Institutional Customer Projects is a Commission-approved Agreement which permits government and institutional customers to obtain zero interest loans from SCE to install approved energy efficiency measures which are then paid back to SCE through the utility bill pursuant to SCE s tariff, Schedule OBF-2, On-Bill Financing Program. PROPOSED TARIFF CHANGES Decision directed SCE to implement an On-Bill Financing Program for nonresidential customers, including local government and institutional customers. The On-Bill Financing Program provides zero percent interest financing to qualified customers towards the purchase and installation of new energy efficient equipment at the customer s facility. The loans are then repaid through the customer's utility bill into a revolving loan fund, whereby repaid funds are offered to additional On- Bill Financing customers. SCE began implementation of the On-Bill Financing Program under SCE s Schedule OBF-2 on August 2, Since then, alterations to the On-Bill Financing Agreement Government/Institutional Customer Projects have been requested by government P.O. Box Rush Street Rosemead, California (626) FAX (626)

4 ADVICE 2787-E (U 338-E) October 2, 2012 entities. Specifically, government entities have requested modifications to the language in the Promise to Pay Section of the agreement, to clarify that the loan will not be repaid through the levy of additional taxes. In order to increase participation of government entities in the On-Bill Financing Program, SCE is proposing the attached changes to the On-Bill Financing Agreement Government/Institutional Customer Projects, Form SCE requests that the Commission approve the attached reasonable modifications to the On-Bill Financing Agreement Government/Institutional Customer Projects, Form TIER DESIGNATION Pursuant to General Order (GO) 96-B, Energy Industry Rule 5.2, this advice letter is submitted with a Tier 2 designation. EFFECTIVE DATE This advice filing will become effective on November 1, 2012, the 30th calendar day after the date filed. NOTICE Anyone wishing to protest this advice filing may do so by letter via U.S. Mail, facsimile, or electronically, any of which must be received no later than 20 days after the date of this advice filing. Protests should be mailed to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California EDtariffunit@cpu.ca.gov Copies should also be mailed to the attention of the Director, Energy Division, Room 4004 (same address above). In addition, protests and all other correspondence regarding this advice letter should also be sent by letter and transmitted via facsimile or electronically to the attention of: Akbar Jazayeri Vice President of Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California Facsimile: (626) AdviceTariffManager@sce.com

5 ADVICE 2787-E (U 338-E) October 2, 2012 Leslie E. Starck Senior Vice President c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California Facsimile: (415) Karyn.Gansecki@sce.com With a copy to: Monica Ghattas Attorney 2244 Walnut Grove Avenue Rosemead, California Facsimile: (626) Monica.Ghattas@sce.com There are no restrictions on who may file a protest, but the protest shall set forth specifically the grounds upon which it is based and shall be submitted expeditiously. In accordance with Section 4 of GO 96-B, SCE is serving copies of this advice filing to the interested parties shown on the attached GO 96-B and R service lists. Address change requests to the GO 96-B service list should be directed by electronic mail to AdviceTariffManager@sce.com or at (626) For changes to all other service lists, please contact the Commission s Process Office at (415) or by electronic mail at Process_Office@cpuc.ca.gov. Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by filing and keeping the advice filing at SCE s corporate headquarters. To view other SCE advice letters filed with the Commission, log on to SCE s web site at For questions, please contact Prabha Cadambi at (626) or by electronic mail at Prabha.Cadambi@sce.com. Southern California Edison Company AJ:pc:jm Enclosures Akbar Jazayeri

6 CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER FILING SUMMARY ENERGY UTILITY MUST BE COMPLETED BY UTILITY (Attach additional pages as needed) Company name/cpuc Utility No.: Southern California Edison Company (U 338-E) Utility type: Contact Person: Darrah Morgan ELC GAS Phone #: (626) PLC HEAT WATER Disposition Notice to: EXPLANATION OF UTILITY TYPE ELC = Electric GAS = Gas PLC = Pipeline HEAT = Heat WATER = Water (Date Filed/ Received Stamp by CPUC) Advice Letter (AL) #: 2787-E Tier Designation: 2 Subject of AL: Revision of Southern California Edison Company s On-Bill Financing Agreement Government/Institutional Customer Projects, Form Keywords (choose from CPUC listing): Compliance, Agreements, Forms AL filing type: Monthly Quarterly Annual One-Time Other If AL filed in compliance with a Commission order, indicate relevant Decision/Resolution #: Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: Summarize differences between the AL and the prior withdrawn or rejected AL 1 : Confidential treatment requested? Yes No If yes, specification of confidential information: Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information: Resolution Required? Yes No Requested effective date: 11/1/12 No. of tariff sheets: -3- Estimated system annual revenue effect: (%): Estimated system average rate effect (%): When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting). Tariff schedules affected: Service affected and changes proposed 1 : Form and Table of Contents Pending advice letters that revise the same tariff sheets: None 1 Discuss in AL if more space is needed.

7 Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this filing, unless otherwise authorized by the Commission, and shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Ave., San Francisco, CA Akbar Jazayeri Vice President of Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California Facsimile: (626) Leslie E. Starck Senior Vice President c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California Facsimile: (415)

8 Public Utilities Commission 2787-E Attachment A Cal. P.U.C. Sheet No. Title of Sheet Cancelling Cal. P.U.C. Sheet No. Revised E Form Original E Revised E Table of Contents Revised E Revised E Table of Contents Revised E 1

9 Southern California Edison Revised Cal. PUC Sheet No E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No E Sheet 1 On-Bill Financing Agreement Government/Institutional Customer Projects Form (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2787-E Akbar Jazayeri Date Filed Oct 2, 2012 Decision Vice President Effective Nov 1, S7 Resolution

10 On-Bill Financing Agreement Government/Institutional Customer Projects This On-Bill Financing Agreement ( OBF Agreement ) is entered into on 20, (the Effective Date ) by and between the undersigned customer ( Customer ) and Southern California Edison Company ( SCE ) (each a Party, collectively the Parties ). Recitals 1. Customer and SCE entered into the Energy Management Solutions Incentives Application for Business Customers on or about, 20 and if applicable, the Customized Solutions Agreement (individually or collectively referred to as "EMS Agreement"), which is/are attached hereto and incorporated herein by reference. 2. Customer owns, leases or rents the property(s) listed in the EMS Agreement as the Site(s) and maintains a service account(s) with SCE for electric service. Customer has completed installation of eligible energy efficient equipment ("Equipment") at the Site(s) as set forth in the EMS Agreement and has accepted the equipment as being operational and in good working order. 3. In Decision , the California Public Utilities Commission authorized SCE to provide zeropercent interest financing for the installation of certain energy efficient equipment, which is to be repaid over a specified period through the Customer s electric utility bill(s) ("On-Bill Financing"). 4. Customer desires to enter into this OBF Agreement in order to participate in SCE s On-Bill Financing program and Customer agrees to repay SCE the Amount Financed (as defined under "Loan Terms", below) through the Customer s SCE utility bill(s) pursuant to the terms and conditions of this OBF Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: Terms and Conditions Defined Terms: Except as the context otherwise requires, capitalized terms used in this OBF Agreement without definition shall have the same meanings as are set forth in the EMS Agreement. Amount Financed: Within thirty (30) days after the Effective Date, SCE will provide a payment for the Amount Financed to Customer or to a third-party payee designated by Customer under the Loan Terms, below. Customer s designation of a third-party payee may not be changed or revoked. Loan Terms: Amount Financed $.00 ("Amount Financed") : Interest Rate: 0% Fees: 0 Months to Pay: First Month Payment Remaining Monthly $ Payments: Service Account to be Billed 1 : Designated Third- Party Payee (if any): Address of Designated Third- Party Payee: 1 If more than one Service Account will be billed, information regarding the Service Account number and monthly payment is included in Schedule A attached. Form /2012

11 Promise to Pay: Customer promises to pay SCE the Amount Financed in equal monthly installments as set forth in the section above and/or Schedule A (Customer s Loan Obligation ). The first Monthly Payment of Customer s Loan Obligation will appear within sixty (60) days from the Effective Date on Customer s SCE utility bill(s) for the Service Account(s) listed above. The Parties expressly acknowledge and agree that funding for the OBF Loan Obligation repayment shall not be raised by the levy of additional taxes but shall instead be obtained by Customer s savings in energy costs paid for solely by the loan proceeds. The Parties further acknowledge and agree that energy savings from conservation measures are not susceptible to precise calculation and actual savings may vary according to weather and utility rates, among other things. Therefore Customer s energy savings have been determined at the outset of this Agreement and calculated by comparing estimates of energy usage for the facilities in question with and without the conservation measure, as set forth specifically in the EMS Agreement. Customer s actual future energy savings are not guaranteed and the OBF Loan Obligation must be repaid in full irrespective of actual future SCE utility bill(s) amounts. (N) (N) Manner of Payment: Customer s Monthly Payment amount will appear as a line item labeled EE/OBF Installment Charge on the monthly SCE utility bill(s) for Customer s Service Account(s). Customer may pay the Loan Obligation in the monthly installments or pre-pay the Loan Obligation in one lump sum without penalty, but pre-payments for less than the remaining balance will not be allowed. Customer s Loan Obligation will appear on Customer s monthly SCE utility bill(s) for the number of months set forth above, or until the Loan Obligation is paid in full by Customer, whichever occurs first. Customer shall make payments to SCE as directed in the SCE utility bill(s). Partial Payments: If Customer is unable to make a full payment of the Loan Obligation in any given month, payment arrangements may be made at SCE s sole discretion. Any partial payments will be applied in equal proportion to the energy charges and the Loan Obligation, and Customer will be considered to be delinquent and in default of both the energy bill and the Loan Obligation. Late Payments: No late payment charges or interest will be assessed for delinquent payments on the Loan Obligation. However, SCE may assess late payment charges for delinquent payments of energy charges pursuant to SCE s Rule 9 which is incorporated herein by reference. Returned Payments: SCE may require payment of a $10.00 Returned Check Charge for any check returned from Customer's financial institution unpaid. The Returned Check Charge will also apply to any forms of payment that are subsequently dishonored. Discontinuance of Service: Amounts due under this OBF Agreement will be amounts deemed due under each SCE utility bill to the Customer s Service Account(s), and a default under this OBF Agreement will be treated as a default under the Customer s Service Account(s). Customer s Loan Obligation is subject to the discontinuance provisions of SCE s Rule 11, Discontinuance and Restoration of Service, Section B, Nonpayment of Bills or Summary Bills which is incorporated herein by reference. Breach and Acceleration: Any breach by Customer under the EMS Agreement or this OBF Agreement shall constitute a breach under all of the above referenced agreements. For purposes herein, SCE may determine the OBF Agreement to be breached and Customer to be in default if Customer: (1) sells, assigns or otherwise transfers ownership, possession or title of the Site(s) or the Equipment unless passed by operation of law to a successor government department or agency that remains a customer of SCE, (2) fails to pay the Monthly Payment amount when due, (3) closes, discontinues or otherwise causes the termination of the Service Account(s), or (4) otherwise breaches this OBF Agreement and/or the EMS Agreement, and the breach is not cured as specified therein. Notwithstanding anything to the contrary in the EMS Agreement, a breach and default as set forth in this section shall not be subject to any additional cure period. To the extent permitted by law, following a breach as set forth in this section, SCE shall have the right to declare the entire unpaid balance of the Loan Obligation immediately due and payable. (N) (N) (T) (T) Purchase Money Security Interest: Customer hereby agrees that SCE may, but is not obligated to, file a UCC-1 ("Financing Statement") against the Equipment to secure Customer's obligation to repay the Amount Financed. Customer agrees to execute any and all documents in connection with the Financing Statement in order for SCE to perfect its security interest in the Equipment. Customer agrees that SCE is not waiving any of its rights of recovery as against the Customer should SCE elect to file a Financing Statement. Form /2012

12 Confession of Judgment: Customer irrevocably authorizes and empowers SCE and SCE s attorneys, upon breach and default by Customer as described in the preceding section, to appear in any state or federal court in Los Angeles County, California, as Customer s attorney-in-fact and confess judgment against Customer by entry of a confession of judgment pursuant to Code of Civil Procedure 1132 et. seq., or by any other appropriate means, for the full amount due plus all costs of collection, including without limitation court costs and reasonable attorneys fees. No single exercise of the foregoing power to confess judgment will be deemed to exhaust the power, whether or not any such exercise shall be held by any court to be invalid, voidable, or void; but the power will continue undiminished and may be exercised from time to time as SCE may elect until all amounts owing under this OBF Agreement have been paid in full. Modification: Any change to this OBF Agreement must be in writing and signed by Customer and SCE; except that during any given month, if Customer is unable to make full payment on the Loan Obligation, payment arrangements may be made at SCE s sole discretion without modifying this OBF Agreement in writing. Any written modification or amendment will not be effective unless and until signed by SCE or such condition is waived by SCE in its sole and absolute discretion. Term and Termination: It is the Parties intent that the term of this OBF Agreement and the EMS Agreement run concurrently. Therefore, the OBF Agreement shall continue in effect until the Loan Obligation is paid in full. Assignment: Notwithstanding anything to the contrary in this OBF Agreement, Customer may not assign its rights or delegate its duties under the Agreement. Additional Representations: Each person signing this OBF Agreement represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this OBF Agreement on behalf of Customer, and to perform their obligations under this OBF Agreement. Customer further represents and warrants that if it is a legal entity, it is in good standing in its state of formation. Miscellaneous: Except as otherwise specifically provided herein, all terms, provisions, covenants, representations, warranties, agreements and conditions of the EMS Agreement shall remain unchanged and in full force and effect. Should a conflict exist between this OBF Agreement, the EMS Agreement and the documents incorporated by reference, this OBF Agreement shall control. This OBF Agreement shall be construed and interpreted in accordance with, and shall be governed and enforced in all respects according to, the laws of the State of California. This OBF Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. If any one or more of the provisions contained in this OBF Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then this OBF Agreement shall be construed as if such invalid, illegal or unenforceable term or provision had never been contained herein and all other provisions of this OBF Agreement shall be construed to remain fully valid, enforceable and binding on the parties. The Recitals set forth above are hereby incorporated herein by reference. [Remainder of page intentionally left blank] Form /2012

13 IN WITNESS WHEREOF, the Parties have executed this OBF Agreement as of the Effective Date. Customer: Authorized Representative: Southern California Edison Company: Authorized Representative: Title: Title: Signature: Signature: Date: Date: Business Address: Business Address: Telephone No. Telephone No. Fax No. Fax No. Address: Address: Form /2012

14 SCHEDULE A Customer Name: OBF Loan Number: Site Service Account Number X-XXX- XXXX-XX OBF Billing Repayment Service Account Number 1 st Monthly OBF Loan Payment Remaining Monthly OBF Loan Payments X-XXX-XXXX-XX $XX.XX $XXX.XX per month for X months Total Monthly Repayment $XX.XX $XXX.XX per month for X months Form /2012

15 Southern California Edison Revised Cal. PUC Sheet No E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No E TABLE OF CONTENTS Sheet 1 Cal. P.U.C. Sheet No. TITLE PAGE E TABLE OF CONTENTS - RATE SCHEDULES E E TABLE OF CONTENTS - LIST OF CONTRACTS AND DEVIATIONS E TABLE OF CONTENTS - RULES E TABLE OF CONTENTS - INDEX OF COMMUNITIES, MAPS, BOUNDARY DESCRIPTIONS E TABLE OF CONTENTS - SAMPLE FORMS E E (T) (T) PRELIMINARY STATEMENT: A. Territory Served E B. Description of Service E C. Procedure to Obtain Service E D. Establishment of Credit and Deposits E E. General E F. Symbols E G. Gross Revenue Sharing Mechanism E E H. Baseline Service E I. Not In Use... -E J. Palo Verde Balancing Account E K. Nuclear Decommissioning Adjustment Mechanism E L. Purchase Agreement Administrative Costs Balancing Account E M. Income Tax Component of Contributions E N. Memorandum Accounts E E E E E E E O. California Alternate Rates for Energy (CARE) Adjustment Clause E E P. Optional Pricing Adjustment Clause (OPAC) E (Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2787-E Akbar Jazayeri Date Filed Oct 2, 2012 Decision Vice President Effective Nov 1, H8 Resolution

16 Southern California Edison Revised Cal. PUC Sheet No E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No E TABLE OF CONTENTS Sheet 14 Form No. (Continued) SAMPLE FORMS (Continued) Other Agreements (Continued) Cal. P.U.C. Sheet No Schedule LS-1 Differential Facilities Rate Agreement E Energy Service Provider Service Agreement E Interval Metering And Metering Facilities Agreement E SCE Cost Manager Service Agreement E Edison AMICOS Service Agreement for Electric Service Providers (ESPs) E Optimal Billing Period Service Agreement E Agreement for Work Done at Applicant's Request Where Advance Deposit/Payment is Required E Meter Purchase And Related Meter Services Authorization Form E A Meter Purchase and Related Meter Services Change Order Authorization E Letter To Make Application And Establish Credit E Renewable and Alternative Power California Renewable Energy Small Tariff CREST Excess Agreement E Renewable and Alternative Power California Renewable Energy Small Tariff CREST Agreement E Local Government Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) Benefiting Account Designation Form E On-Bill Financing Agreement E Standard Contract for Eligible CHP Facilities E Contract for Eligible CHP Facilities with Net Output of Not Greater than 5 MW E Air Conditioner Cycling Program Commercial Industrial Participation Agreement E NEM/MASH-VNM Inspection Report E On-Bill Financing Agreement Third-Party Implemented Projects E Schedule NEM Customer-Generator Warranty E Power Purchase and Sale Agreement E On-Bill Financing Agreement Governmental/Institutional Customer Projects E Net Energy Metering (NEM) or Multifamily Affordable Solar Housing-Virtual Net.. Metering (MASH-VNM) or Multi-Meter Properties Surplus Electricity Compensation Selection Form E Agreement to Extend Term of Incremental Sales Agreement E Added Facilities Agreement Edison Financed E Added Facilities Agreement Applicant Financed E Schedule TOU-8, Energy Efficiency Declaration E Southern California Edison Company Net Energy Metering Monthly/Annual Billing Option Election E (T) (Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 2787-E Akbar Jazayeri Date Filed Oct 2, 2012 Decision Vice President Effective Nov 1, S9 Resolution