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;STATE OF CALIFORNIA Edmund G. Brown Jr., Governor PUBLIC UTILITIES COMMISSION SAN FRANCISCO, CA 94102-3298 September 13, 2016 Advice Letter 3419-E Russell G. Worden Director, Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, CA 91770 Subject: Clean-Up Filing to Modify Rule 23, CCA and Associated Tariffs and Forms Dear Mr. Worden: Advice Letter 3419-E is effective as of July 9, 2016. Sincerely, Edward Randolph Director, Energy Division
Transcript

;STATE OF CALIFORNIA Edmund G. Brown Jr., Governor

PUBLIC UTILITIES COMMISSION

SAN FRANCISCO, CA 94102-3298

September 13, 2016 Advice Letter 3419-E

Russell G. Worden

Director, Regulatory Operations

Southern California Edison Company

8631 Rush Street

Rosemead, CA 91770

Subject: Clean-Up Filing to Modify Rule 23, CCA and Associated

Tariffs and Forms

Dear Mr. Worden:

Advice Letter 3419-E is effective as of July 9, 2016.

Sincerely,

Edward Randolph

Director, Energy Division

ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION

* Note: reference – Decision D.02-02-049, dated February 21, 2002, and Rule 7.5 in appendix A of D.O7-01-024

Utility Name: Southern California Edison

Utility Number/Type: U 338-E

Advice Letter Number: 3419-E

Date AL(s) Filed) June 9, 2016

Utility Contact Person: Darrah Morgan

Utility Phone No.: (626) 302-2086

Date Utility Notified: July 7, 2016

[ ] E-Mailed to: [email protected]

ED Staff Contact: Suzanne Casazza

ED Staff Email: [email protected]

ED Staff Phone No.: (415) 703-5906

[X] INITIAL SUSPENSION (up to 120 DAYS from the expiration of the initial review period)

This is to notify that the above-indicated AL is suspended for up to 120 days beginning JULY 9, 2016 for the following reason(s) below. If the AL requires a Commission resolution and the Commission’s deliberation on the 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. [ ] A Commission Resolution is Required to Dispose of the Advice Letter [ ] Advice Letter Requests a Commission Order [X] Advice Letter Requires Staff Review The expected duration of initial suspension period is 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 Suzanne Casazza at [email protected]. cc: EDTariffUnit

P.O. Box 800 8631 Rush Street Rosemead, California 91770 (626) 302-4177 Fax (626) 302-4829

Russell G. Worden Managing Director, State Regulatory Operations

June 9, 2016

ADVICE 3419-E (U 338-E)

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION

SUBJECT: Clean-Up Filing to Modify Rule 23, Community Choice Aggregation and associated tariffs and forms

Southern California Edison Company (SCE) hereby submits for filing the following changes to its tariffs. The revised tariff sheets are listed on Attachment A and are attached hereto. Additionally, redlined tariffs denoting changes are included as Attachment B.

PURPOSE

The purpose of this advice filing is to modify the tariffs to make clarifying changes, correct minor errors, and to remove obsolete references to Direct Access (DA) contained within Rule 23, Community Choice Aggregation (CCA), Form 14-955, Six-Month Notice to Return to BPS (from CCA Service), and Form 14-769, Community Choice Aggregator Non-Disclosure Agreement.

BACKGROUND

DA Service in California was originally authorized by Assembly Bill (AB) 1890 as a part of the restructuring of the California electricity market, and implemented on April 1, 1998. Due to a dysfunctional restructured market and the Department of Water Resources (DWR) assuming the responsibility to procure energy for the Investor Owned Utilities’ (IOUs’) retail electricity customers in late 2000 and early 2001, DA was suspended by AB 1X effective September 20, 2001. In the wake of the DA suspension, the California Public Utilities Commission (Commission or CPUC) approved a series of tariffs governing the suspension and the continued participation of eligible customers in DA, including switching guidelines and the collection of stranded costs from DA customers through the Cost Responsibility Surcharge (CRS). Therefore, when SCE established Rule 23, Community Choice Aggregation, in 20061, special “DA eligible”

1 Advice 1965-E and Advice 1965-E-A

ADVICE 3419-E (U 338-E) - 2 - June 9, 2016

customer provisions were included in Rule 23. These provisions detailed switching requirements for Bundled Service Customers that are eligible for DA Services.

However, on March 15, 2010, the Commission issued Decision (D.)10-03-022, Decision Regarding Increased Limits for Direct Access Transactions, implementing the partial DA re-opening under SB 695. Among other things, the Commission in D.10-03-022 found that Senate Bill (SB) 695 eliminated the ability of residential customers classified as “DA eligible” prior to SB 695 to switch to DA service. Any residential customer already taking DA service may continue receiving DA service; however, should that residential customer return to Bundled Service, she/he would not be permitted to subsequently transfer to DA service. In addition, DA-eligible residential customers currently receiving Bundled Service who submitted a valid Six-Month Advance Notice to Transfer to DA Service prior to March 11, 2010 retain a one-time right to transfer to DA service. Any residential DA customer who returns to Bundled Service may not subsequently transfer to DA service. On April 2, 2010, SCE filed Advice 2461-E to implement a partial re-opening of DA service as required by SB 695 and D.10-03-022. As a result, tariff language and/or conditions for “DA-eligible” customers in Rule 23 have expired and have become obsolete.

SCE is preparing this “clean-up filing” for Commission approval to remove/revise all sections referencing the obsolete the terms and requirements for “Direct Access Eligible Customers” from SCE’s Rule 23, Community Aggregation, and Form 14-955, Six-Month Notice to Return to BPS (from CCA Service). In addition, SCE is also removing the exception treatment for any former DA customer on CCA that is positively electing to return to Bundled Portfolio Service (BPS) following the DA switching requirements depicted in Rule 22.1, Switching Exemption Guidelines. The revised Rule 23 and Form 14-955 will no longer have a separate requirement for the obsolete customer group of “Direct Access Eligible Customers,” and all CCA customers returning to BPS will follow the same CCA switching guideline.

In addition, in this “clean-up filing”, SCE is modifying Rule 23 to offer CCA customers switching to and from CCA the option, subject to mutual agreement with SCE, to use an alternate means of submitting their six-month advance notification rather than strictly require the Commission- approved six-month notification forms. And, SCE is also adding clarifying revisions to Form 14-769, Community Choice Aggregator Non-Disclosure Agreement, for the signer to clearly identify itself either as a Community Choice Aggregator or an eligible entity that is not a Community Choice Aggregator but is authorized to actively investigate Community Choice Aggregation as defined by PU Code Section 331.1. SCE is also revising the same form to add check boxes to allow clear identification of political entity such as city, county or joint power agency in the body of the agreement, and also in the Attachment page.

ADVICE 3419-E (U 338-E) - 3 - June 9, 2016

PROPOSED TARIFF CHANGES

1. Rule 23, Community Choice Aggregation

- Remove and revise all sections pertaining to “Direct Access Eligible Customers”

- Remove and revise all sections pertaining to Rule 22.1 Direct Access Switching Exemptions

- Add the missing reference of Form 14-954, Six-Month Advance Notice to Transfer to Community Choice Aggregation Service, to Section L. 4. a.

- Add language to Sections L. 3. b., L. 3. c., and L. 4. a., to offer an option for CCA and SCE to mutually agree to use an alternative means of transmitting the six-month advance notification in lieu of the Commission approved six-month advance notice form for customers switching to and from CCA.

2. Form 14-955, Six-Month Notice to Return to BPS (from CCA Service)

- Remove and revise all sections pertaining “Direct Access Eligible Customers”

- Remove and revised all sections pertaining to Rule 22.1 Direct Access Switching Exemptions

3. Form 14-769, Community Choice Aggregator Non-Disclosure Agreement

- Add check boxes for the signer of the agreement to clearly state its political jurisdiction as city, county or joint power agency on page 1.

- Add check boxes for the signer of the agreement to clearly identify itself as a Community Choice Aggregator or an eligible entity that is not a Community Choice Aggregator but is authorized to investigate Community Choice Aggregation as defined by PU Code Section 331.1.

- Add check boxes for the signer of Attachment A to clearly reference the political jurisdiction of the signer of the associated agreement.

Revision to Rule 23, Form 14-955, and Form 14-769 are provided as Attachment A. Redlined versions of Rule 23, Form 14-955, and Form 14-769 are provided as Attachment B.

No cost information is required for this advice filing.

ADVICE 3419-E (U 338-E) - 4 - June 9, 2016

This advice filing will not increase any rate or charge, cause the withdrawal of service, or conflict with any other schedule or rule.

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 July 9, 2016, 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 submitted to:

CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: [email protected]

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:

Russell G. Worden Managing Director, State Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California 91770 Facsimile: (626) 302-4829 E-mail: [email protected]

ADVICE 3419-E (U 338-E) - 5 - June 9, 2016

Michael R. Hoover Director, State Regulatory Affairs c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail: [email protected]

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 must be received by the deadline shown above.

In accordance with General Rule 4 of GO 96-B, SCE is serving copies of this advice filing to the interested parties shown on the attached GO 96-B, R.12-02-009, R.03-10-003 and R.07-05-025 service lists. Address change requests to the GO 96-B service list should be directed by electronic mail to [email protected] or at (626) 302-4039. For changes to all other service lists, please contact the Commission’s Process Office at (415) 703-2021 or by electronic mail at [email protected].

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 https://www.sce.com/wps/portal/home/regulatory/advice-letters.

For questions, please contact Amy Liu at (626) 302-4019 or by electronic mail at [email protected].

Southern California Edison Company

/s/ Russell G. Worden Russell G. Worden

RGW:al:jm

Enclosures

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) 302-2086

PLC HEAT WATER E-mail: [email protected]

E-mail Disposition Notice to: [email protected]

EXPLANATION OF UTILITY TYPE

ELC = Electric GAS = Gas PLC = Pipeline HEAT = Heat WATER = Water

(Date Filed/ Received Stamp by CPUC)

Advice Letter (AL) #: 3419-E Tier Designation: 2

Subject of AL: Clean-Up Filing to Modify Rule 23, Community Choice Aggregation and associated tariffs and forms

Keywords (choose from CPUC listing): Compliance

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:

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: 7/9/16 No. of tariff sheets: -11-

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: Rule 23, Form 14-769, Form 14-955, and Table of Contents

Service affected and changes proposed1:

Pending advice letters that revise the same tariff sheets: None

1 Discuss in AL if more space is needed.

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 Avenue San Francisco, California 94102

E-mail: [email protected]

Russell G. Worden Managing Director, State Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California 91770 Facsimile: (626) 302-4829 E-mail: [email protected] Michael R. Hoover Director, State Regulatory Affairs c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail: [email protected]

Public Utilities Commission 3419-E Attachment A

Cal. P.U.C. Sheet No. Title of Sheet

Cancelling Cal. P.U.C. Sheet No.

1

Revised 59520-E Rule 23 Revised 57096-E* Revised 59521-E Rule 23 Original 57097-E* Revised 59522-E Rule 23 Revised 57098-E* Revised 59523-E Rule 23 Revised 55590-E Revised 59524-E Rule 23 Revised 57110-E Revised 59525-E Rule 23 Revised 57113-E Revised 59526-E Form 14-769 Revised 57117-E Revised 59527-E Form 14-955 Original 55608-E Revised 59528-E Table of Contents Revised 59400-E Revised 59529-E Table of Contents Revised 59351-E Revised 59530-E Table of Contents Revised 59353-E

Southern California Edison Revised Cal. PUC Sheet No. 59520-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57096-E*

Rule 23 Sheet 23

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

23H24 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE

1. Positive Elections

Customers that have made a positive election to participate in CCA Service requesting to return to Bundled Service must provide a six (6) month advance notice and are subject to the terms and conditions of a Bundled Portfolio Service (BPS) as set forth below.

2. Customers Automatically Enrolled in CCA Service Returning to Bundled Service after

the Follow-up Notification Period.

Former Bundled Service Customers that have been Automatically Enrolled in CCA Service returning to Bundled Service after the Follow-up Notification Period must provide SCE with a six (6) month advance notice and are subject to the terms and conditions of Bundled Portfolio Service (BPS) as set forth below.

(T) (D) (D) (D)

Southern California Edison Revised Cal. PUC Sheet No. 59521-E

Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 57097-E*

Rule 23 Sheet 24

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

24H24 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued)

3. Bundled Portfolio Service

Bundled Portfolio Service is applicable to CCA customers who return to Bundled Service for a minimum of 12 months. This 12-month minimum Bundled Service commitment shall be referred to herein as Bundled Portfolio Service (BPS). The following conditions shall apply:

a. Customers receiving this service make a 12-month minimum commitment to

SCE and shall not be allowed to return to CCA Service or Direct Access (DA) Service until their 12-month minimum period has been completed. The 12-month minimum period shall begin on the date the customer is switched to BPS after the conclusion of the six-month advance notice period as set forth in this Section L.3.b. In the event a customer receives service under TBS during the six-month advance notice period, the time served under TBS shall apply toward the 12-month minimum commitment with SCE. No premature departures from the 12-month commitment shall be allowed.

b. Customers must provide a six-month advance notice to SCE prior to

becoming eligible for BPS so SCE can adjust its procurement activity to accommodate the additional load. Such notification will be made by the customer submitting a Six-Month Advance Notice to Return to Bundled Portfolio Service (from Community Choice Aggregation Service) [Form 14-955]. The six-month advance notice for customers returning from CCA Service may be transmitted by an alternate method of notification as may be mutually agreed upon by SCE and the CCA. SCE shall provide those customers who have provided advance notice with written confirmation and necessary switching process information within 10 business days of receipt of the customer’s notification. Once received by SCE, customers will have a three business-day rescission period after which advance notifications cannot be cancelled. SCE shall process requests to BPS in the following manner:

(N) | (N)

Southern California Edison Revised Cal. PUC Sheet No. 59522-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57098-E*

Rule 23 Sheet 25

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

25H17 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued) 3. Bundled Portfolio Service (Continued)

b. (Continued)

(1) Account transfers to BPS shall be switched on the customer’s next scheduled meter read date after the completion of the six-month advance notice period.

(2) SCE shall initiate a CCASR, to transfer the account to BPS and shall

provide notification to the customer and CCA in accordance with Section M.

c. During the six-month advance notice period before customers become eligible for BPS, customers may either continue on CCA Service or return to SCE and receive Transitional Bundled Service (TBS) commodity pricing terms as set forth in Schedule PC-TBS and be subject to the provisions and applicable charges of the CCA Cost Responsibility Surcharge as set forth in Schedule CCA-CRS. After receiving a Six-Month Advance Notice to Return to Bundled Portfolio Service (Form 14-955) or an alternate means of transmitting the six-month advance notification, as may be mutually agreed upon by SCE and the CCA, SCE shall process any CCASR returning the customer to Bundled Service during the six-month advance notice period in accordance with Section M and shall provide service to the customer at the TBS rate for the remainder, if any, of the six-month advance notice period. SCE shall initiate the necessary transfer of the account to BPS at the conclusion of the six month advance notice period with notification to the customer. Customers returning to bundled service during the six-month advance notice period (i.e., before the commencement of BPS) cannot return to CCA Service or DA Service until their 12-month minimum commitment with SCE has expired.

d. Customers returning from CCA Service after the Follow-up Notification period has

expired are subject to a re-entry fee as set forth in Schedule CCA-SF.

(N) | (N)

Southern California Edison Revised Cal. PUC Sheet No. 59523-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 55590-E

Rule 23 Sheet 26

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

26H24 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued)

4. End of Bundled Portfolio Service At the end of the customer’s initial 12-month commitment, customers will have the

option of switching to CCA Service, DA Service, or remaining on BPS based on the then current applicable rules in effect. SCE will provide the customer with a courtesy reminder eight months before the expiration of the customer’s 12-month minimum commitment term. This timeframe will allow for the six-month notification period and will provide a 60-day period for the customer to notify SCE of its intent to return to CCA Service or transfer to DA Service. If for any reason the customer is not sent, or does not receive, a courtesy reminder from SCE, the customer is not relieved of its responsibility for providing SCE the notice required in this Section L.4.a., below.

a. Customers electing to return to CCA Service at the conclusion of the 12-

month commitment period shall provide advance, written notice using Form 14-954, Six-Month Advance Notice to Transfer to Community Choice Aggregation Service to SCE. Such notice, or its alternative, shall be transmitted at least six months prior to the conclusion of the 12-month minimum commitment term. SCE shall provide to the customer a written confirmation and necessary switching process information within 10 business days of the customer’s notification, including the final date to be in receipt of a CCASR to return to CCA Service. The customer is responsible for providing its CCA with this information.

(1) The customer’s CCA shall submit a CCASR to ensure the necessary

switch to CCA Service under the CCASR rules, as set forth in Section M., occurs on the service account’s next scheduled meter read date after the completion of the six-month advance notice period.

(2) If SCE is not in receipt of a CCASR by the end of the customer’s

12-month commitment, the customer’s request to return to CCA Service shall be cancelled.

b. Customers seeking to transfer to DA Service are subject to the requirements

of SCE Rules 22 and 22.1 c. Customers electing to remain on BPS are not required to take any action.

(T) (T) (T) | (T)

Southern California Edison Revised Cal. PUC Sheet No. 59524-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57110-E

Rule 23 Sheet 37

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

37H23 Resolution

S. VOLUNTARY CCA SERVICE TERMINATION (Continued)

4. Customers shall be returned to BPS subject to the terms in Section L, but are not

subject to Transitional Bundled Service as defined in Schedule PC-TBS.

5. Customers requesting to return to Bundled Service before the termination of CCA

Service shall be subject to all terms and conditions in Section L of this Rule. The

CCA shall not terminate any of its customers’ CCA Service before the termination of

the CCA’s CCA Service.

6. The CCA remains responsible for compliance with all applicable Commission rules,

CAISO requirements and LSE obligations.

7. A CCA shall be responsible for all costs resulting from the CCA’s CCA Service

termination. SCE reserves the right to withhold CCA customer payment remittances

from the CCA for undisputed overdue charges.

8. The CCA’s Service Agreement with SCE will be cancelled with its termination of its

CCA Service. At any time not less than three (3) years after the CCA’s termination of

CCA Service, the CCA’s eligibility to engage in CCA Service may be reinstated. The

CCA’s reestablishment of CCA Service will require the CCA to complete all CCA

Service establishment requirements, including filing a new Implementation Plan with

the Commission, being registered by the Commission, establishment of service with

SCE pursuant to Section F, completion of credit requirements pursuant to Section V,

all past due charges and arrearages having been paid, with interest, and the CCA has

re-established compliance with all then-current Commission requirements.

9. A CCA providing CCA Service pursuant to a JPA that terminates its CCA Service must also fully comply with the CCA Service termination requirements. Should one or more constituent members of a JPA seek to continue operations as a CCA,that new entity shall comply with all requirements for CCA Service establishment set forth in Section F of this Rule.

(D)

Southern California Edison Revised Cal. PUC Sheet No. 59525-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57113-E

Rule 23 Sheet 40

COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

40H23 Resolution

T. INVOLUNTARY SERVICE CHANGES (Continued) 5. Following consultation with the CCA, SCE is authorized to serve CCA customers

temporarily where the CAISO or the CCA has notified SCE that customers would otherwise not be served. In such cases, the CCA’s Service Agreement is not terminated; however SCE shall immediately initiate the process to return affected CCA customers to Bundled Service without prior Commission approval. SCE shall initiate the service change by preparing a CCASR, but the service change may be made immediately notwithstanding the applicable CCASR processing times set forth in this Rule. Affected customers will be provided service temporarily under Schedule PC-TBS. CCA customers receiving temporary service in this situation may not seek service from other ESPs or CCAs. SCE may seek authority from the Commission to terminate CCA Service pursuant to Section T.4 of this Rule at anytime after being notified that the CCA’s customers are not being served.

6. Burden of Proof Before Commission

In any case before the Commission the party bearing the burden of going forward and the party bearing the burden of proof shall be established in the manner normally established at the Commission.

7. Action in the Event of Termination

Upon termination of CCA Service pursuant to this Section T, the customer shall be returned to SCE Bundled Portfolio Service and subject to the terms and conditions of Section L of this Rule, unless the customer is eligible for Direct Access and has previously selected another ESP under the procedures set forth in the Direct Access Rules 22 and 22.1. At any time not less than three (3) years and six (6) months after termination of a CCA’s CCA Service rights pursuant to this Section T, the CCA’s eligibility to engage in CCA Service shall be reinstated upon a reasonable showing by the CCA that the cause(s) of the CCA’s termination have been cured, all past due charges and arrearages have been paid, with interest, and the CCA has re-established compliance with all then-current Commission requirements, including credit requirements under Section V.

(D)

Southern California Edison Revised Cal. PUC Sheet No. 59526-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57117-E

Sheet 1

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

1H8 Resolution

COMMUNITY CHOICE AGGREGATOR

NON-DISCLOSURE AGREEMENT

Form 14-769

Form 14-769 6/2016 Page 1

COMMUNITY CHOICE AGGREGATOR

NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement (“Agreement”) is entered into by and between Southern California Edison Company (SCE) (“Utility”) and , a City, County, or Joint Powers Authority who is (Check only one option)

a Community Choice Aggregator (“CCA”) as of _______________, ____________. (“Effective Date”); or

an eligible entity under California Public Utilities Code (“PU Code”) Section 331.1 who is actively investigating delivery of electric service to customers located within the geographic territory of the CCA

This Agreement is executed pursuant to California Public Utilities Commission (“CPUC”) Order Instituted Rulemaking (“OIR”) 03-10-003, PU Code Section 366.2 et seq., and applicable Utility tariffs (as modified hereafter from time to time). As used herein the Utility and CCA may each be referred to individually as a “Party” and collectively as “Parties.”

The CPUC has determined that CCA may obtain specified confidential customer information from Utility pursuant to Tariff Schedules Community Choice Aggregation – Information Fees (“CCA-INFO”) and Community Choice Aggregation – Service Fees (“CCA-SF”) (as modified hereafter from time to time) as a CCA, as defined by PU Code Section 331.1, solely in order to investigate, pursue or implement Community Choice Aggregation Services pursuant to PU Code Section 366.2, et seq. or solely to administer energy efficiency programs in the CCA’s geographic territory upon CPUC authorization pursuant to PU Code Section 381.1 (“CCA Service”). The provisions of this Agreement and Schedules CCA-INFO and CCA-SF govern the disclosure of Utility’s confidential customer information to CCA (“Disclosure Provisions”).

(T) (T) (T) (T) (N) (N) (T) (T)

Form 14-769 6/2016 Page 2

The Parties hereby mutually agree that:

1. Subject to the terms and conditions of this Agreement, current proprietary and confidential information of Utility regarding customers of Utility (“Utility Customers”) may be disclosed to CCA from time to time in connection herewith as provided by the Disclosure Provisions and solely for the purpose of CCA Service. Such disclosure is subject to the following legal continuing representations and warranties by CCA:

(a) CCA represents and warrants that, pursuant to PU Code Section 331.1,

(1) it is either (i) a city, county, or other entity as defined in PU Code Section 331.1 whose governing board has elected to combine the loads of its residents, businesses, and municipal facilities in a community wide electricity buyers, or (ii) a city, county, or other entity as defined in PU Code Section 331.1 that intends to actively investigate or pursue delivery of electric service to customers located within the geographic territory of the CCA; and (2) that to investigate, pursue or implement CCA Service, it requires certain Confidential Information, as defined in Section 2, below;

(b) CCA represents and warrants that it has all necessary authority to

enter into this Agreement, and that it is a binding enforceable Agreement according to its terms;

(c) CCA represents and warrants that the authorized representative(s)

executing this Agreement is authorized to execute this Agreement on behalf of the CCA; and

(d) CCA confirms its understanding that the information of Utility Customers is

of a highly sensitive confidential and proprietary nature, and that such information will be used as contemplated under the Disclosure Provisions solely for the purposes of investigating, pursing or implementing CCA Service, and that any other use of the information may permit Utility to suspend providing further information hereunder.

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Form 14-769 6/2016 Page 3

(e) CCA represents and warrants that it will implement and maintain

reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to CCA Service or energy efficiency purposes without the customer’s prior consent to that use.

2. The confidential and proprietary information disclosed to CCA in connection

herewith may upon request include, without limitation, the following billing information about Utility Customers: Customer-specific information from the current billing periods as well as prior 12 months consisting of: service account number, name on service account, service address with zip code, mailing address with zip code, email address, telephone number, meter number, monthly kWh usage, monthly maximum demand where available, electrical or gas consumption data as defined in PU Code Section 8380, other data detailing electricity or needs and patterns of usage, Baseline Zone, CARE participation, End Use Code (Heat Source) Service Voltage, Medical Baseline, Meter Cycle, Bill Cycle, Level Pay Plan and/or other plans, Horse Power Load and Number of Units and monthly rate schedule for all accounts within the CCA's geographic territory (collectively, “Confidential Information”). Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained.

3. Except for electric usage information provided to CCA pursuant to this

Agreement, Confidential Information does not include information that CCA proves (a) was properly in the possession of CCA at the time of disclosure; (b) is or becomes publicly known through no fault of CCA, its employees or representatives; or (c) was independently developed by CCA, its employees or representatives without access to any Confidential Information.

4. From the Effective Date, no portion of the Confidential Information may be

disclosed, disseminated or appropriated by CCA, or used for any purpose other than for CCA Service as permitted under this Agreement and the Disclosure Provisions.

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Form 14-769 6/2016 Page 4

5. CCA shall, at all times and in perpetuity, keep the Confidential Information in

the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. CCA shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for a secondary commercial purpose not related to CCA Service. Specifically, CCA shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of CCA who have a “need to know” such Confidential Information in the course of their duties with respect to the CCA Service and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement, provided, however, that, an Energy Service Provider, agent, or any other entity, including entities that provide both direct access (as codified in Assembly Bill No. 1890, Stats. 1996, ch. 854) and CCA Service shall limit their utilization of the information provided to the purposes for which it has been provided and shall not utilize such information, directly or indirectly, in providing other services, including but not limited to Direct Access services, in order to effectuate the obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, CCA shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree in writing to be bound by the terms of this Agreement by signing the “Non-Disclosure Agreement for CCA Employees or Representatives” form attached as Exhibit A hereto. CCA shall provide Utility with copies of the signed Exhibit A forms at Utility request. CCA shall also provide Utility with a list of the names, titles, and addresses for all persons or entities to which Confidential Information is disclosed in connection herewith (“Disclosure List”). This Disclosure List shall be updated by CCA on a regular basis, and will be provided to Utility once each quarter at a minimum.

6. CCA shall be liable for the actions of, or any disclosure or use by, its

employees or representatives contrary to this Agreement; however, such liability shall not limit or prevent any actions by Utility directly against such employees or representatives for improper disclosure and/or use. In no event shall CCA or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. CCA shall immediately notify Utility in writing if it becomes aware of the possibility of any misuse or misappropriation of the Confidential Information by CCA or any of its employees or representatives. However, nothing in this Agreement shall obligate Utility to monitor or enforce CCA’s compliance with the terms of this Agreement.

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Form 14-769 6/2016 Page 5

7. CCA shall comply with the consumer protections and requirements concerning

subsequent disclosure and use of Confidential Information pursuant to CPUC Decision No. 12-08-045.

8. CCA acknowledges that disclosure or misappropriation of any Confidential

Information could cause irreparable harm to Utility and/or Utility Customers, the amount of which may be difficult to assess. Accordingly, CCA hereby confirms that Utility shall be entitled to apply to a court of competent jurisdiction or the CPUC for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by CCA or its employees or representatives. Such right shall, however, be construed to be in addition to any other remedies available to Utility, in law or equity.

9. In addition to all other remedies, CCA shall indemnify and hold harmless

Utility, its affiliates, subsidiaries, parent company, officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees, costs and disbursements) attributable to actions or non-actions of CCA and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information.

10. If, at any time, CCA ceases its investigation, pursuit or implementation of

community choice aggregation pursuant to PU Code Section 366.2 et seq., CCA shall promptly return or destroy (with written notice to Utility itemizing the materials destroyed) all Confidential Information then in its possession at the request of Utility. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement.

11. This Agreement shall be binding on and inure to the benefit of the successors

and permitted assigns of the Parties hereto. This Agreement shall not be assigned, however, without the prior written consent of the non-assigning Party, which consent may be withheld due to the confidential nature of the information, data and materials covered.

12. This Agreement sets forth the entire understanding of the Parties with respect

to the subject matter hereof, and supersedes all prior discussions, negotiations, understandings, communications, correspondence and representations, whether oral or written. This Agreement shall not be amended, modified or waived except by an instrument in writing, signed by both Parties, and, specifically, shall not be modified or waived by course of performance, course of dealing or usage of trade. Any waiver of a right under this Agreement shall be in writing, but no such writing shall be deemed a subsequent waiver of that right, or any other right or remedy.

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Form 14-769 6/2016 Page 6

13. This Agreement shall be interpreted and enforced in accordance with the laws

of the State of California, without reference to its principles on conflicts of laws.

14. This Agreement shall, at all times, be subject to such changes or modifications

by the CPUC as it may from time to time direct in the exercise of its jurisdiction.

IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Agreement as of the Effective Date. SOUTHERN CALIFORNIA EDISON COMPANY BY: ________________________________ TITLE: _____________________________ [CCA name] BY: ________________________________ TITLE: _____________________________

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Form 14-769 6/2016 Page 7

EXHIBIT A NON-DISCLOSURE AGREEMENT

FOR CCA EMPLOYEES OR REPRESENTATIVES

I, ________________________________, declare under penalty of perjury that (1) I am employed as ____________________(title) at _____________________ _____________________________(employer and address); and (2) I have personally reviewed the attached COMMUNITY CHOICE AGGREGATOR NON-DISCLOSURE AGREEMENT as executed by ____________________ __ City, County, or Joint Powers Authority (check only one) relating to disclosure and use of Confidential Information (as defined therein) and I agree to be bound by its provisions. Signed: _________________________________________ Print Name: ______________________________________ Dated: __________________________________________

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Southern California Edison Revised Cal. PUC Sheet No. 59527-E

Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 55608-E

Sheet 1

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

1C7 Resolution

SIX-MONTH ADVANCE NOTICE TO RETURN TO BUNDLED PORTFOLIO SERVICE

(FROM COMMUNITY CHOICE AGGREGATION SERVICE)

Form 14-955

Form 14-955 06/2016

For Office Use Only Date Received:

Six-Month Advance Notice to Return to Bundled Portfolio Service

(from Community Choice Aggregation Service)

This is my notice to return the account(s) listed below to Southern California Edison Company’s (SCE’s) Bundled Portfolio Service (BPS). I understand the rules and conditions as set forth in SCE’s Rule 23 for returning to BPS. Customer Information:

Account Name:

Service Account Number:

Service Address:

City, Zip:

Customer’s E-mail Address: (For more than one account, please list the additional information on a separate sheet and attach it to this form.)

On Behalf of Customer:

Signature:

Type/Print Name:

Daytime Phone Number:

E-Mail Address:

Date of Signature:

Bundled Portfolio Service (BPS) – Community Choice Aggregation (CCA) customers choosing to return to SCE’s

BPS must provide a six-month advance notice to SCE prior to becoming eligible for BPS. SCE must receive this

notice at least six months in advance of the date you intend to transfer to BPS. Once received by SCE, you will 1)

have a three business-day rescission period after which this notification cannot be canceled,1 and 2) receive

confirmation of your notice to return to BPS in accordance with the provisions set forth in Rule 23. Accounts

transferring to BPS will be transferred on the customer’s next scheduled meter read date following completion of the

six-month advance notice period unless the customer requests an immediate return to SCE (during the six-month

advance notice period), in which case the customer’s account will be served on Schedule PC-TBS, Procurement Charge – Transitional Bundled Service, for the advance notice period.

CCA Customers electing to return to SCE’s service make a twelve (12) month minimum commitment to SCE and will

not be eligible to return to CCA Service or Direct Access (DA) Service until their 12-month minimum commitment term

has been fulfilled. Customers electing to return to SCE immediately, or during the 6-month advance notice period, will

be served on Schedule PC-TBS for any portion of the six-month advance notice period that they are served by SCE,

and are responsible for any related Community Choice Aggregation Cost Responsibility Surcharge (CCA-CRS) while

served on Schedule PC-TBS. Service on Schedule PC-TBS will count toward the 12-month minimum commitment

with SCE, consistent with Rule 23.

At the end of the minimum commitment term with SCE, customers have the option to return to CCA Service, as

applicable, or DA Service, or remain on BPS based on the presiding rules.

FAX completed form to: ###-###-#### OR E-Mail to: [email protected] OR Mail to: Southern California Edison Attn: Community Choice Aggregation Support

CURRENT MAILING ADDRESS CITY, STATE, ZIP

1 SCE must receive written notification of the rescission within three business days by e-mail, mail, or by fax at the address listed above.

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Southern California Edison Revised Cal. PUC Sheet No. 59528-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 59400-E

TABLE OF CONTENTS Sheet 1

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

1H6 Resolution

Cal. P.U.C. Sheet No.

TITLE PAGE ............................................................................................................................. 11431-E TABLE OF CONTENTS - RATE SCHEDULES .... 59528-58953-58854-59401-59346-59347-59348-E ...................................................................................................................... 59349-59350-E TABLE OF CONTENTS - LIST OF CONTRACTS AND DEVIATIONS ................................... 59350-E TABLE OF CONTENTS - RULES ............................................................................................ 59529-E TABLE OF CONTENTS-INDEX OF COMMUNITIES, MAPS, BOUNDARY DESCRIPTIONS 58961-E TABLE OF CONTENTS - SAMPLE FORMS.. .................. 58961-59352-58962-58963-58964-58965-E

........................................................................................................... 59530-57207-59354-E

PRELIMINARY STATEMENT:

A. Territory Served ......................................................................................................... 22909-E B. Description of Service ................................................................................................ 22909-E C. Procedure to Obtain Service ..................................................................................... 22909-E D. Establishment of Credit and Deposits ....................................................................... 22909-E E. General .......................................................................... 45178-45179-45180-53818-45182-E F. Symbols ..................................................................................................................... 45182-E G. Gross Revenue Sharing Mechanism ....... 26584-26585-26586-26587-27195-27196-54092-E

.................................................................................................. 51717-53819-27200-27201-E H. Baseline Service ........................................................... 52027-52028-52029-52030-52031-E I. Charge Ready Program Balancing Account ................................................... 58633-58634-E J. Not In Use ............................................................................................................................. -E K. Nuclear Decommissioning Adjustment Mechanism ........................................ 36582-57779-E L. Purchase Agreement Administrative Costs Balancing Account ........... 55207-51922-55208-E M. Income Tax Component of Contributions ....................................................... 58419-58420-E N. Memorandum Accounts .... 21344-56089-56393-58221-49492-56090-45585-45586-53821-E

........ 50418-42841-42842-44948-44949-44950-44951-44952-44953-42849-42850-42851-E ........ 41717-47876-55623-42855-42856-44341-45252-52033-50419-55048-42862-42863-E ........ 42864-56204-56205-51235-45920-51236-42870-50209-42872-42873-50421-46539-E ........ 42876-42877-42878-42879-42880-42881-42882-54534-53371-56253-44959-42887-E ........ 53321-53322-47098-52551-52552-49928-56235-56236-56237-55144-55145-44029-E

........ 53016-57156-57157-51163-51164-51165-51166-51167-51168-51169-51170-51171-E ................................ 51244-55806-56393-56394-56395-56396-56397-56398-56399-58978E O. California Alternate Rates for Energy (CARE) Adjustment Clause ................. 34705-41902-E .................................................................................................. 36472-38847-56788-59025-E P. Optional Pricing Adjustment Clause (OPAC) ........................... 27670-27671-27673-27674-E

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Southern California Edison Revised Cal. PUC Sheet No. 59529-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 59351-E

TABLE OF CONTENTS Sheet 10

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

10H7 Resolution

RULESRule Cal. P.U.C. No. Title of Sheet Sheet No.

1 Definitions .. 59339-58936-55551-56605-55553-55554-56606-55556-55557-55558-55559-55560-E ............................................................................................................. 55561-55562-55563-55564-E 2 Description of Service ........................................ 22926-22927-22928-25264-22930-22931-22932-E ........................................... 22933-22934-58022-58023-47145-47146-47147-47148-47149-47150-E 3 Application for Service ............................................................................................... 50441-22943-E 4 Contracts ......................................................................................................... 55734-39859--55679E 5 Special Information Required on Forms .............................................. 58937-27743-51306-31052-E 6 Establishment and Re-establishment of Credit .......................................................... 55074-55075-E 7 Deposits .......................................................................................................... 55076-55077-47771-E 8 Notices ....................................................................................................................... 55078-27747-E 9 Rendering and Payment of Bills ............................................... 56607-58938-51308-52504-52692-E 10 Disputed Bills ............................................................................................................. 27748-55079-E 11 Discontinuance and Restoration of Service ............................. 55680-55080-22966-22967-22968-E .................................................................................................. 55681-55682-22971-45093-49671-E 12 Rates and Optional Rates ............................................................................... 40634-35618-51311-E 13 Temporary Service ................................................................................................................ 51312-E 14 Shortage of Supply and Interruption of Delivery ......................................................... 53899-26339-E 15 Distribution Line Extensions .................... 24684-47151-47152-47153-47154-58026-47156-47157-E ................................ 47158-58027-47160-47161-47162-47163-47164-58028-51853-47167-47168-E 16 Service Extensions .............................................. 24700-49672-48155-24703-24704-47169-47170-E .................... 47171-47172-47173-47174-47175-47176-47177-47178-47179-47180-48156-48157-E 17 Adjustment of Bills and Meter Tests ......................................... 19616-47773-47774-19619-19620-E 18 Supply to Separate Premises and Use by Others ............................... 47472-45543-51854-45545-E 20 Replacement of Overhead With Underground Electric Facilities ....................................................................................... 31867-23019-23020-31868-26177-31869-E 21 Generating Facility Interconnections ................................................................................................... ...................................................... 54718-54719-54720-54721-54722-56118-56119-56120-54726-E 54727-54728-56121-54730-54731-54732-54733-54734-54735-54736-56122-56123-56124-54740-E 56125-56126-56127-54744-54745-54746-57535-57536-57537-54750-54751-54752-54753-54754-E 54755-54756-54757-54758-54759-56128-54761-54762-54763-54764-54765-54766-54767-54768-E 54769-54770-54771-54772-54773-54774-54775-54776-54777-54778-54779-54780-54781-54782-E 54783-54784-54785-54786-54787-54788-54789-54790-54791-54792-54793-54794-54795-54796-E 54797-54798-54799-54800-54801-54802-54803-54804-54805-54806-54807-54808-54809-54810-E 54811-54812-54813-54814-54815-54816-54817-54818-54819-54820-54821-54822-54823-54824-E 54825-54826-54827-54828-54829-54830-54831-54832-54833-56129-54835-54836-54837-54838-E 54839-54840-54841-54842-54843-54844-56130-56131-56132-56133-56134-56135-56136-56137-E 56138-56139-56140-56141-56142-56143-56144-56145-56146-56147-56148-56149-56150-56151-E 56152-56153-56154-56155-56156-56157-56158-56159-56160-56161-56162-56163-56164-56165-E ........................................... 56166-56167-56168-56169-56170-56171-56172-56173-56174-56175-E 22 Direct Access ..................... 46949-53900-55685-50443-46953-46954-46955-46956-49517-49518-E ................................ 55686-51397-46961-55686-47475-46964-46965-46966-46967-46968-46969-E .................... 46970-46971-46972-53901-46974-46975-46976-46977-46978-46979-46980-46981-E .................... 46982-46983-55688-55689-46986-46987-46988-55690-46990-46991-46992-55691-E ........................................... 46994-55692-55693-46997-46998-46999-49520-49521-49522-49523-E ............................................................................................................. 24330-24331-24332-24333-E 22.1 Switching Exemption Guidelines ......................... 51618-51619-49296-49297-49298-47005-58939-E ................................................................. 47007-58940-47009-47010-47011-51620-51621-51622-E 23 Community Choice Aggregation ... 55565-55566-55567-55568-55569-55570-55571-55572-55573-E 55574-55694-55576-55577-55578-55579-55580-57091-57092-57093-57132-57094-57095-59520-E ................... 59521-59522-59523-57100-57101-57102-57103-57104-57105-57106--57107-57108-E ................................................................. 57109-59524-57111-57112-57113-57114-57115-57116-E 23.2 Community Choice Aggregation Open Season .................................... 40062-40063-43671-43672-E 24 Direct Participation Demand Response….54032-54033-54034-54035-54036-54037-54038-54039-E 58518-54041-54042-54043-56913-54045-54046-54047-54048-54049-54050-54051-54052-54053-E 54054-54055-56914-54057-54058-54059-54060-E 25 Protecting the Privacy and Security of Customer Usage Information .......................... 51185-51186-E ……. .............................................. 51187-51188-51189-55177-55178-51192-51193-51194-58941-E 26 Release of Customer Data or Energy Usage Related Data to Third Parties .... 55179-55180-55181-E .................................... 55182-55183-55184-55185-55186-55187-55188-55189-55190-55191-E 27 Mobilehome Park Conversion Program ..55237-55238-55239-55240-55241-55242-55243-55244-E

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Southern California Edison Revised Cal. PUC Sheet No. 59530-E

Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 59353-E

TABLE OF CONTENTS Sheet 17

(Continued)

(Continued)

(To be inserted by utility) Issued by (To be inserted by Cal. PUC)

Advice 3419-E Caroline Choi Date Filed Jun 9, 2016

Decision Senior Vice President Effective Jul 9, 2016

17H8 Resolution

SAMPLE FORMS (Continued)Form Cal. P.U.C. No. Statements (Continued) Sheet No.

Direct Access/Community Choice Aggregation

14-756 Direct Access Customer Relocation/Replacement Declaration .............................. 53907-E 14-768 Community Choice Aggregator (CCA) Service Agreement .................................... 47507-E 14-769 Community Choice Aggregator Non-Disclosure Agreement ................................... 59526-E 14-770 Community Choice Aggregation Service Declaration ............................................. 49644-E 14-793 Six-Month Advance Notice to Transfer a Non-Residential Account to Direct Access Service ........................................................................................................ 55605-E 14-794 Six-Month Advance Notice to Return to Bundled Portfolio Service (from Direct Access Service) .................................................................................. 55606-E 14-795 Notice of Intent to Transfer to Direct Access Service (During the Open Enrollment Window April 16, 2010 to June 30, 2010) ............................................................................. 47049-E 14-796 Authorization To: Receive Customer Information or Act on a Customer's Behalf .. 58949-E 14-797 Customer Assignment Notification .......................................................................... 51663-E 14-930 Direct Access Customer Replacement Declaration ................................................ 51664-E 14-954 Six-Month Advance Notice to Transfer to Community Choice Aggregation Service

Outside of Automatic Enrollment ............................................................................. 55607-E 14-955 Six-Month Advance Notice to Return to BPS (from CCA Service) ......................... 59527-E

Interconnection Agreements

14-459 Momentary Parallel Generation Agreement ........................................................... 27758-E 14-653 Multifamily Affordable Solar Housing - Virtual Net Metering Interconnection Agreement .... ................................................................................................................................. 55531-E 14-730 Back-Up Service Agreement Between Customer and Southern California Edison

Company (SCE) ...................................................................................................... 53904-E 14-731 Generating Facility Interconnection Agreement ...................................................... 53905-E 14-732 Generating Facility Interconnection Application ...................................................... 56097-E 14-742 Generating Facility Interconnection Agreement (3rd Party Non-Exporting) ............ 50717-E 14-743 Generating Facility Interconnection Agreement (3rd Party Inadvertent-Exporting) 50718-E 14-744 Customer Generation Agreement ........................................................................... 50719-E 14-745 Generating Facility Interconnection Agreement (Inadvertent-Export) ..................... 50720-E 14-750 Biogas Digester Electrical Generating Facility Net Energy Metering and Interconnection Agreement ............................................................................................................... 50721-E 14-755 Fuel Cell Electrical Generating Facility Net Energy Metering and Interconnection

Agreement ............................................................................................................... 56098-E 14-773 Generating Facility Interconnection Agreement for Combined Technologies ......... 56099-E 14-788 Local Government Renewable Energy Self-Generation Bill Credit Transfer (RES-BCT) Interconnection Agreement ..................................................................................... 53656-E 14-909 Virtual Net Energy Metering for Multi-Tenant and Multi-Meter Properties Interconnection . Agreement ............................................................................................................... 55534-E 14-910 Virtual Net Energy Metering for Multi-Tenant and Multi-Meter Properties Allocation

Request Form .......................................................................................................... 55705-E 14-911 Interconnection Agreement for An Existing Small-Generation Facility Interconnection to

the Distribution System Under Ruler 21 .................................................................. 49042-E 14-918 Rule 21 Exporting Generating Facility Interconnection Request ............................ 54879-E 14-919 Rule 21 Generator Interconnection Agreement for Exporting Generating ............................

Facilities Interconnecting Under the Fast Track Process ........................................ 50728-E 14-922 Rule 21 Pre-Application Report Request ................................................................ 59777-E 14-923 Southern California Edison Company Net Energy Metering Solar and Wind Generating Facility 10 Kilowatt or Less Interconnection Agreement ......................................... 55535-E 14-936 Net Energy Metering One Time Relevant Period Change Request ....................... 55707-E 14-937 Net Energy Metering (NEM) Aggregation Account Information ............................ ..57631-E

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Attachment B 

 

Redlined Version of  

Tariff Revision  

Southern California Edison Revised Cal. PUC Sheet No. 59520-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57096-E*

Rule 23 Sheet 23 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 23D0 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE

1. Positive Elections

a. Customers that have made a positive electioni to participate in CCA Service requesting to return to Bundled Service must provide a six (6) month advance notice and are subject to the terms and conditions of a Bundled Portfolio Service (BPS) as set forth below. b. Direct Access eligible customers returning to Bundled Service from CCA

Service shall be subject to Direct Access Rule 22.1. These customers are eligible to switch from CCA Service to DA service without returning to Bundled Service.

2. Customers Automatically Enrolled in CCA Service Returning to Bundled Service after

the Follow-up Notification Period.

a Active Direct Access eligible customers that have been Automatically Enrolled in CCA Service and are returning to Bundled Service from CCA Service shall be subject to the provisions set forth in Direct Access Rule 22.1. These customers who are eligible to switch from CCA Service to DA Service do not need to return to Bundled Service. b. Former Bundled Service Customers that have been Automatically Enrolled in CCA Service returning to Bundled Service after the Follow-up Notification Period must provide SCE with a six (6) month advance notice and are subject to the terms and conditions of Bundled Portfolio Service (BPS) as set forth below.

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i Includes customers that have opted out of CCA Service and later elect to return to CCA Service.

Southern California Edison Revised Cal. PUC Sheet No. 59521-E Rosemead, California (U 338-E) Cancelling Original Cal. PUC Sheet No. 57097-E*

Rule 23 Sheet 24 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 24D0 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued)

3. Bundled Portfolio Service

Bundled Portfolio Service is applicable to CCA customers who return to Bundled Service for a minimum of 12 months. This 12-month minimum Bundled Service commitment shall be referred to herein as Bundled Portfolio Service (BPS). The following conditions shall apply:

a. Customers receiving this service make a 12-month minimum commitment to

SCE and shall not be allowed to return to CCA Service or Direct Access (DA) Service until their 12-month minimum period has been completed. The 12-month minimum period shall begin on the date the customer is switched to BPS after the conclusion of the six-month advance notice period as set forth in this Section L.3.b. In the event a customer receives service under TBS during the six-month advance notice period, the time served under TBS shall apply toward the 12-month minimum commitment with SCE. No premature departures from the 12-month commitment shall be allowed.

b. Customers must provide a six-month advance notice to SCE prior to

becoming eligible for BPS so SCE can adjust its procurement activity to accommodate the additional load. Such notification will be made by the customer submitting a Six-Month Advance Notice to Return to Bundled Portfolio Service (from Community Choice Aggregation Service) [Form 14-955]. The six-month advance notice for customers returning from CCA Service may be transmitted by an alternate method of notification as may be mutually agreed upon by SCE and the CCA. SCE shall provide those customers who have provided advance notice with written confirmation and necessary switching process information within 10 business days of receipt of the customer’s notification. Once received by SCE, customers will have a three business-day rescission period after which advance notifications cannot be cancelled. SCE shall process requests to BPS in the following manner:

(N) | (N)

Southern California Edison Revised Cal. PUC Sheet No. 59522-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57098-E*

Rule 23 Sheet 25 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 25D0 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued) 3. Bundled Portfolio Service (Continued)

b. (Continued)

(1) Account transfers to BPS shall be switched on the customer’s next scheduled meter read date after the completion of the six-month advance notice period.

(2) SCE shall initiate a CCASR, to transfer the account to BPS and shall

provide notification to the customer and CCA in accordance with Section M.

c. During the six-month advance notice period before customers become eligible for BPS, customers may either continue on CCA Service or return to SCE and receive Transitional Bundled Service (TBS) commodity pricing terms as set forth in Schedule PC-TBS and be subject to the provisions and applicable charges of the CCA Cost Responsibility Surcharge as set forth in Schedule CCA-CRS. After receiving a Six-Month Advance Notice to Return to Bundled Portfolio Service (Form 14-955) or an alternate means of transmitting the six-month advance notification, as may be mutually agreed upon by SCE and the CCA, SCE shall process any CCASR returning the customer to Bundled Service during the six-month advance notice period in accordance with Section M and shall provide service to the customer at the TBS rate for the remainder, if any, of the six-month advance notice period. SCE shall initiate the necessary transfer of the account to BPS at the conclusion of the six month advance notice period with notification to the customer. Customers returning to bundled service during the six-month advance notice period (i.e., before the commencement of BPS) cannot return to CCA Service or DA Service until their 12-month minimum commitment with SCE has expired.

d. Customers returning from CCA Service after the Follow-up Notification period has

expired are subject to a re-entry fee as set forth in Schedule CCA-SF.

(N) | (N)

Southern California Edison Revised Cal. PUC Sheet No. 59523-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 55590-E

Rule 23 Sheet 26 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 26D0 Resolution

L. CCA CUSTOMERS RETURNING TO SCE BUNDLED SERVICE (Continued)

4. End of Bundled Portfolio Service At the end of the customer’s initial 12-month commitment, customers will have the

option of switching back to CCA Service, or DA Service, or remaining on BPS based on the then current applicable rules in effect. SCE will provide the customer with a courtesy reminder eight months before the expiration of the customer’s 12-month minimum commitment term. This timeframe will allow for the six-month notification period and will provide a 60-day transitional period for the customer to notify SCE of its intent to return to CCA Service or transfer to DA Service. If for any reason the customer is not sent, or does not receive, a courtesy reminder from SCE, the customer is not relieved of its responsibility for providing SCE the notice required in this Section L.4.a., below.

a. Customers electing to return to CCA Service at the conclusion of the 12-

month commitment period shall provide advance, written notice using Form 14-954, Six-Month Advance Notice to Transfer to Community Choice Aggregation Service to SCE. Such notice, or its alternative, shall be transmitted at least six months prior to the conclusion of the 12-month minimum commitment term. SCE shall provide to the customer a written confirmation and necessary switching process information within 10 business days of the customer’s notification, including the final date to be in receipt of a CCASR to return to CCA Service. The customer is responsible for providing its CCA with this information.

(1) The customer’s CCA shall submit a CCASR to ensure the necessary

switch to CCA Service under the CCASR rules, as set forth in Section M., occurs on the service account’s next scheduled meter read date after the completion of the six-month advance notice period.

(2) If SCE is not in receipt of a CCASR by the end of the customer’s

12-month commitment, the customer’s request to return to CCA Service shall be cancelled.

b. Customers seeking to transfer to DA Service are subject to the requirements

of SCE Rules 22 and 22.1 c. Customers electing to remain on BPS are not required to take any action.

(T) (T) (T) | (T)

Southern California Edison Revised Cal. PUC Sheet No. 59524-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57110-E

Rule 23 Sheet 37 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 37D0 Resolution

S. VOLUNTARY CCA SERVICE TERMINATION (Continued)

4. Customers eligible for Direct Access shall return to Bundled Service subject to Direct Access Rule 22.1. All other customers shall be returned to BPS subject to the terms in Section L, but are not subject to Transitional Bundled Service as defined in Schedule PC-TBS.

5. Customers requesting to return to Bundled Service before the termination of CCA Service shall be subject to all terms and conditions in Section L of this Rule. The CCA shall not terminate any of its customers’ CCA Service before the termination of the CCA’s CCA Service.

6. The CCA remains responsible for compliance with all applicable Commission rules, CAISO requirements and LSE obligations.

7. A CCA shall be responsible for all costs resulting from the CCA’s CCA Service termination. SCE reserves the right to withhold CCA customer payment remittances from the CCA for undisputed overdue charges.

8. The CCA’s Service Agreement with SCE will be cancelled with its termination of its CCA Service. At any time not less than three (3) years after the CCA’s termination of CCA Service, the CCA’s eligibility to engage in CCA Service may be reinstated. The CCA’s reestablishment of CCA Service will require the CCA to complete all CCA Service establishment requirements, including filing a new Implementation Plan with the Commission, being registered by the Commission, establishment of service with SCE pursuant to Section F, completion of credit requirements pursuant to Section V, all past due charges and arrearages having been paid, with interest, and the CCA has re-established compliance with all then-current Commission requirements.

9. A CCA providing CCA Service pursuant to a JPA that terminates its CCA Service must also fully comply with the CCA Service termination requirements. Should one or more constituent members of a JPA seek to continue operations as a CCA, that new entity shall comply with all requirements for CCA Service establishment set forth in Section F of this Rule.

(D)

Southern California Edison Revised Cal. PUC Sheet No. 59525-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 57113-E

Rule 23 Sheet 40 COMMUNITY CHOICE AGGREGATION

(Continued)

(Continued) (To be inserted by utility) Issued by (To be inserted by Cal. PUC) Advice 3419-E Caroline Choi Date Filed Jun 9, 2016 Decision Senior Vice President Effective 40D0 Resolution

T. INVOLUNTARY SERVICE CHANGES (Continued) 5. Following consultation with the CCA, SCE is authorized to serve CCA customers

temporarily where the CAISO or the CCA has notified SCE that customers would otherwise not be served. In such cases, the CCA’s Service Agreement is not terminated; however SCE shall immediately initiate the process to return affected CCA customers to Bundled Service without prior Commission approval. SCE shall initiate the service change by preparing a CCASR, but the service change may be made immediately notwithstanding the applicable CCASR processing times set forth in this Rule. Affected customers will be provided service temporarily under Schedule PC-TBS. With the exception of Direct Access eligible customers, CCA customers receiving temporary service in this situation may not seek service from other ESPs or CCAs. SCE may seek authority from the Commission to terminate CCA Service pursuant to Section T.4 of this Rule at anytime after being notified that the CCA’s customers are not being served.

6. Burden of Proof Before Commission

In any case before the Commission the party bearing the burden of going forward and the party bearing the burden of proof shall be established in the manner normally established at the Commission.

7. Action in the Event of Termination

Upon termination of CCA Service pursuant to this Section T, the customer shall be returned to SCE Bundled Portfolio Service and subject to the terms and conditions of Section L of this Rule, unless the customer is eligible for Direct Access and has previously selected another ESP under the procedures set forth in the Direct Access Rules 22 and 22.1. At any time not less than three (3) years and six (6) months after termination of a CCA’s CCA Service rights pursuant to this Section T, the CCA’s eligibility to engage in CCA Service shall be reinstated upon a reasonable showing by the CCA that the cause(s) of the CCA’s termination have been cured, all past due charges and arrearages have been paid, with interest, and the CCA has re-established compliance with all then-current Commission requirements, including credit requirements under Section V.

(D)

Form 14-955 10/201506/2016

For Office Use Only Date Received:

Six-Month Advance Notice to Return to Bundled Portfolio Service

(from Community Choice Aggregation Service)

This is my notice to return the account(s) listed below to Southern California Edison Company’s (SCE’s) Bundled Portfolio Service (BPS). I understand the rules and conditions as set forth in SCE’s Rule 23 for returning to BPS. Customer Information: Account Name:

Service Account Number: Service Address: City, Zip: Customer’s E-mail Address: (For more than one account, please list the additional information on a separate sheet and attach it to this form.)

On Behalf of Customer:

Signature:

Type/Print Name: Daytime Phone Number: E-Mail Address: Date of Signature: Bundled Portfolio Service (BPS) – Community Choice Aggregation (CCA) customers choosing to return to SCE’s BPS must provide a six-month advance notice to SCE prior to becoming eligible for BPS. SCE must receive this notice at least six months in advance of the date you intend to transfer to BPS. Once received by SCE, you will 1) have a three business-day rescission period after which this notification cannot be canceled,1 and 2) receive confirmation of your notice to return to BPS in accordance with the provisions set forth in Rule 23. Accounts transferring to BPS will be transferred on the customer’s next scheduled meter read date following completion of the six-month advance notice period unless the customer requests an immediate return to SCE (during the six-month advance notice period), in which case the customer’s account will be served on Schedule PC-TBS, Procurement Charge – Transitional Bundled Service, for the advance notice period. CCA Customers electing to return to SCE’s service make a twelve (12) month minimum commitment to SCE and will not be eligible to return to CCA Service or Direct Access (DA) Service until their 12-month minimum commitment term has been fulfilled. Customers electing to return to SCE immediately, or during the 6-month advance notice period, will be served on Schedule PC-TBS for any portion of the six-month advance notice period that they are served by SCE, and are responsible for any related Community Choice Aggregation Cost Responsibility Surcharge (CCA-CRS) while served on Schedule PC-TBS. Service on Schedule PC-TBS will count toward the 12-month minimum commitment with SCE, consistent with Rule 23.

1 SCE must receive written notification of the rescission within three business days by e-mail, mail, or by fax at the address listed above.

(T) (T) (D) (L) | | | | (L) (T)

Form 14-955 10/201506/2016

For Office Use Only Date Received:

Customers who were on CCA Service before transferring to DA Service and are now electing BPS service must make an eighteen (18) month minimum commitment to BPS, as required in Rule 22.1, and will not be eligible to return to DA Service or CCA Service until their 18-month minimum commitment on BPS has been fulfilled. Customers electing to return to SCE immediately, or during the 6-month advance notice period will be served on Schedule PC-TBS and are responsible for any related Direct Access Cost Responsibility Surcharge (DA-CRS) while served on Schedule PC-TBS. Service on Schedule PC-TBS will not count toward the 18-month minimum commitment on BPS, consistent with Rule 22.1.

At the end of the minimum commitment term with SCE, customers have the option to return to CCA Service, as applicable, or DA Service, or remain on BPS based on the presiding rules. FAX completed form to: ###-###-#### OR E-Mail to: [email protected] OR Mail to: Southern California Edison Attn: Community Choice Aggregation Support

CURRENT MAILING ADDRESS CITY, STATE, ZIP

Form No. 114-769 7/20156/2016 Page 1

COMMUNITY CHOICE AGGREGATOR

NON-DISCLOSURE AGREEMENT

This Non-Disclosure Agreement (“Agreement”) is entered into by and between Southern California Edison Company (SCE) (“Utility”) and , a City, County, or Joint Powers Authority [describe political entity] andwho is (Check only one option)

a Community Choice Aggregator (“CCA”) as of _______________, ____________. (“Effective Date”); or

an eligible entity under California Public Utilities Code (“PU Code”) Section 331.1 who is actively investigating delivery of electric service to customers located within the geographic territory of the CCA

This Agreement is executed pursuant to California Public Utilities Commission (“CPUC”) Order Instituted Rulemaking (“OIR”) 03-10-003, California Public Utilities Code (“PU Code”) Section 366.2 et seq., and applicable Utility tariffs (as modified hereafter from time to time). As used herein the Utility and CCA may each be referred to individually as a “Party” and collectively as “Parties.”

The CPUC has determined that CCA may obtain specified confidential customer information from Utility pursuant to Tariff Schedules Community Choice Aggregation – Information Fees (“CCA-INFO”) and Community Choice Aggregation – Service Fees (“CCA-SF”) (as modified hereafter from time to time) as a CCA, as defined by PU Code Section 331.1, solely in order to investigate, pursue or implement Community Choice Aggregation Services pursuant to PU Code Section 366.2, et seq. or solely to administer energy efficiency programs in the CCA’s geographic territory upon CPUC authorization pursuant to PU Code section Section 381.1 (“CCA Service”). The provisions of this Agreement and Schedules CCA-INFO and CCA-SF govern the disclosure of Utility’s confidential customer information to CCA (“Disclosure Provisions”).

(T) (T) (T) (T) (N) (N) (T) (T)

Form No. 114-769 6/2016 Page 2

The Parties hereby mutually agree that:

1. Subject to the terms and conditions of this Agreement, current proprietary and confidential information of Utility regarding customers of Utility (“Utility Customers”) may be disclosed to CCA from time to time in connection herewith as provided by the Disclosure Provisions and solely for the purpose of CCA Service. Such disclosure is subject to the following legal continuing representations and warranties by CCA:

(a) CCA represents and warrants that, pursuant to PU Code Section 331.1,

(1) it is either (i) a city, county, or other entity as defined in PU Code Section 331.1 whose governing board has elected to combine the loads of its residents, businesses, and municipal facilities in a community wide electricity buyers, or (ii) a city, county, or other entity as defined in PU Code Section 331.1 that intends to actively investigate or pursue delivery of electric service to customers located within the geographic territory of the CCA; and (2) that to investigate, pursue or implement CCA Service, it requires certain Confidential Information, as defined in Section 2, below;

(b) CCA represents and warrants that it has all necessary authority to

enter into this Agreement, and that it is a binding enforceable Agreement according to its terms;

(c) CCA represents and warrants that the authorized representative(s)

executing this Agreement is authorized to execute this Agreement on behalf of the CCA; and

(d) CCA confirms its understanding that the information of Utility Customers

is of a highly sensitive confidential and proprietary nature, and that such information will be used as contemplated under the Disclosure Provisions solely for the purposes of investigating, pursing or implementing CCA Service, and that any other use of the information may permit Utility to suspend providing further information hereunder.

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Form No. 114-769 6/2016 Page 3

(e) CCA represents and warrants that it will implement and maintain

reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to CCA Service or energy efficiency purposes without the customer’s prior consent to that use.

2. The confidential and proprietary information disclosed to CCA in connection

herewith may upon request include, without limitation, the following billing information about Utility Customers: Customer-specific information from the current billing periods as well as prior 12 months consisting of: service account number, name on service account, service address with zip code, mailing address with zip code, email address, telephone number, meter number, monthly kWh usage, monthly maximum demand where available, electrical or gas consumption data as defined in PU Code Section 8380, other data detailing electricity or needs and patterns of usage, Baseline Zone, CARE participation, End Use Code (Heat Source) Service Voltage, Medical Baseline, Meter Cycle, Bill Cycle, Level Pay Plan and/or other plans, Horse Power Load and Number of Units and monthly rate schedule for all accounts within the CCA's geographic territory (collectively, “Confidential Information”). Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained.

3. Except for electric usage information provided to CCA pursuant to this

Agreement, Confidential Information does not include information that CCA proves (a) was properly in the possession of CCA at the time of disclosure; (b) is or becomes publicly known through no fault of CCA, its employees or representatives; or (c) was independently developed by CCA, its employees or representatives without access to any Confidential Information.

4. From the Effective Date, no portion of the Confidential Information may be

disclosed, disseminated or appropriated by CCA, or used for any purpose other than for CCA Service as permitted under this Agreement and the Disclosure Provisions.

(L) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (L)

Form No. 114-769 6/2016 Page 4

5. CCA shall, at all times and in perpetuity, keep the Confidential Information in

the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. CCA shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for a secondary commercial purpose not related to CCA Service. Specifically, CCA shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of CCA who have a “need to know” such Confidential Information in the course of their duties with respect to the CCA Service and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement, provided, however, that, an Energy Service Provider, agent, or any other entity, including entities that provide both direct access (as codified in Assembly Bill No. 1890, Stats. 1996, ch. 854) and CCA Service shall limit their utilization of the information provided to the purposes for which it has been provided and shall not utilize such information, directly or indirectly, in providing other services, including but not limited to Direct Access services, in order to effectuate the obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, CCA shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree in writing to be bound by the terms of this Agreement by signing the “Non-Disclosure Agreement for CCA Employees or Representatives” form attached as Exhibit A hereto. CCA shall provide Utility with copies of the signed Exhibit A forms at Utility request. CCA shall also provide Utility with a list of the names, titles, and addresses for all persons or entities to which Confidential Information is disclosed in connection herewith (“Disclosure List”). This Disclosure List shall be updated by CCA on a regular basis, and will be provided to Utility once each quarter at a minimum.

6. CCA shall be liable for the actions of, or any disclosure or use by, its

employees or representatives contrary to this Agreement; however, such liability shall not limit or prevent any actions by Utility directly against such employees or representatives for improper disclosure and/or use. In no event shall CCA or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. CCA shall immediately notify Utility in writing if it becomes aware of the possibility of any misuse or misappropriation of the Confidential Information by CCA or any of its employees or representatives. However, nothing in this Agreement shall obligate Utility to monitor or enforce CCA’s compliance with the terms of this Agreement.

(L) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | (L)

Form No. 114-769 6/2016 Page 5

7. CCA shall comply with the consumer protections and requirements concerning

subsequent disclosure and use of Confidential Information pursuant to CPUC Decision No. 12-08-045.

8. CCA acknowledges that disclosure or misappropriation of any Confidential

Information could cause irreparable harm to Utility and/or Utility Customers, the amount of which may be difficult to assess. Accordingly, CCA hereby confirms that Utility shall be entitled to apply to a court of competent jurisdiction or the CPUC for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by CCA or its employees or representatives. Such right shall, however, be construed to be in addition to any other remedies available to Utility, in law or equity.

9. In addition to all other remedies, CCA shall indemnify and hold harmless

Utility, its affiliates, subsidiaries, parent company, officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees, costs and disbursements) attributable to actions or non-actions of CCA and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information.

10. If, at any time, CCA ceases its investigation, pursuit or implementation of

community choice aggregation pursuant to PU Code Section 366.2 et seq., CCA shall promptly return or destroy (with written notice to Utility itemizing the materials destroyed) all Confidential Information then in its possession at the request of Utility. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement.

11. This Agreement shall be binding on and inure to the benefit of the successors

and permitted assigns of the Parties hereto. This Agreement shall not be assigned, however, without the prior written consent of the non-assigning Party, which consent may be withheld due to the confidential nature of the information, data and materials covered.

12. This Agreement sets forth the entire understanding of the Parties with respect

to the subject matter hereof, and supersedes all prior discussions, negotiations, understandings, communications, correspondence and representations, whether oral or written. This Agreement shall not be amended, modified or waived except by an instrument in writing, signed by both Parties, and, specifically, shall not be modified or waived by course of performance, course of dealing or usage of trade. Any waiver of a right under this Agreement shall be in writing, but no such writing shall be deemed a subsequent waiver of that right, or any other right or remedy.

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Form No. 114-769 6/2016 Page 6

13. This Agreement shall be interpreted and enforced in accordance with the laws

of the State of California, without reference to its principles on conflicts of laws.

14. This Agreement shall, at all times, be subject to such changes or modifications

by the CPUC as it may from time to time direct in the exercise of its jurisdiction.

IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Agreement as of the Effective Date. SOUTHERN CALIFORNIA EDISON COMPANY BY: ________________________________ TITLE: _____________________________ [CCA name] BY: ________________________________ TITLE: _____________________________

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Form No. 114-769 6/2016 Page 7

EXHIBIT A NON-DISCLOSURE AGREEMENT

FOR CCA EMPLOYEES OR REPRESENTATIVES

I, ________________________________, declare under penalty of perjury that (1) I am employed as ____________________(title) at _____________________ _____________________________(employer and address); and (2) I have personally reviewed the attached COMMUNITY CHOICE AGGREGATOR NON-DISCLOSURE AGREEMENT as executed by ____________________ __ City, County, or Joint Powers Authority [describe political entity] ( check only one) relating to disclosure and use of Confidential Information (as defined therein) and I agree to be bound by its provisions. Signed: : __________________________________________ Print Name: ________________________________________ Dated: __________________________________________

(N) (N)

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