File #: 2022-2316    Version: 1 Name:
Type: Non-Consent Status: Passed
File created: 5/5/2022 In control: OPERATIONS COMMITTEE
On agenda: 5/25/2022 Final action: 5/25/2022
Title: DIRECT ACCESS ENERGY PURCHASE CONTRACT
Sponsors: Riaz Moinuddin
Attachments: 1. Agenda Report, 2. Master Service Agreement - Constellation NewEnergy, 3. Master Service Agreement NRG_Direct Energy, 4. Master Service Agreement - Shell Energy Solutions
Related files: 2022-2273, 2022-2572
FROM: James D. Herberg, General Manager
Originator: Riaz Moinuddin, Director of Operations & Maintenance

SUBJECT:

title
DIRECT ACCESS ENERGY PURCHASE CONTRACT
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GENERAL MANAGER'S RECOMMENDATION

recommendation
RECOMMENDATION:

A. Approve Master Service Agreements with two additional energy service providers:

? Constellation NewEnergy and
? NRG/Direct Energy; and

B. Delegate to the General Manager and Purchasing Manager the authority to enter into Transaction Agreements, in a form approved by General Counsel, with the following energy service providers:

? Shell Energy Solutions, or
? Constellation NewEnergy, or
? NRG/Direct Energy.
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BACKGROUND

In 2009, California Senate Bill 695 established the Direct Access (DA) program, a retail electric service that allows customers to purchase electricity from a competitive provider, called Electric Service Providers (ESP), instead of from a regulated electric utility. The utility delivers the electricity that the customer purchases from the ESP over its distribution system and collects a fee for doing so.

An ESP is a non-utility entity that offers electric generation service to customers within the service territory of an electric utility. The California Public Utilities Commission (CPUC) currently lists 20 ESPs for the Southern California Edison service territory, although many of them do not serve large industrial customers.

The CPUC sets limits on the number of kilowatt hours a utility is required to accept from other providers. Since 2013, utilities have used a lottery system every six months to allocate their available load to customers who apply for the DA program. If there are more applicants than can be included, the unsuccessful applicants are put on a wait list.

The Orange County Sanitation District (OC San) had the opportunity to transfer our major treatment plant accounts to the DA program starting in January 2022. OC San was able to transfer our remaining accounts (pum...

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