Vermont-VEIC 2006-2008 Contract for EEU ATTACHMENT C PERFORMANCE INCENTIVE MECHANISM I. Overview The Contractor and the Board agree that a portion of payments to the Contractor shall be based on the Contractor’s performance in achieving the Board’s objectives and successfully delivering the strategies and initiatives described in the Scope of Work. The performance incentive mechanism is designed to reward superior performance by the Contractor in the overall administration and delivery of energy efficiency services that achieve specific resource acquisition outcomes and market transformation goals. For the period January 1, 2006 through December 31, 2008, the Contractor can earn up to $1,995,000 in Performance Awards for meeting the 100% Target Level for program performance indicators that are defined in this Attachment. Table C-1 shows the dollar amount allocated to each indicator, if the Contractor achieves each indicator’s 100% Target Level.1 For the same period, the Contractor can earn additional Performance Awards if the Contractor exceeds the 100% Target Level for performance indicators one, two, three, four, five, or six as identified in Tables C-1 and C-3. The maximum amount of Performance Awards that the Contractor can earn for the period January 1, 2006 through December 31, 2008, is $2,347,000. The schedule and processes for documenting and verifying achievement of performance indicators is outlined in Paragraph V of this Attachment. The Contractor shall submit claims for Performance Awards. The DPS and/or the Contract Administrator will verify the Contractor’s claims. The Contract Administrator will make recommendations regarding all Performance Awards to the Board. Payment of any earned Performance Awards for the period January 1, 2006 through December 31, 2008 (up to a maximum of $2,347,000) shall be made by July 1, 2009. The performance incentive mechanism is subject to a set of five minimum performance requirements, which are summarized in Tables C-4 and C-5. The final amount of Performance Awards granted to Contractor will be subject to achievement of these minimum performance requirements and will be adjusted in accordance with Paragraph IV should the Contractor fail to meet any of the minimum performance requirements. 1 However, if a significant customer, or a significant number of customers, explores specific energy efficiency projects with Contractor and then decides not to receive incentive payments from Contractor so that the customer(s) can apply for an EEC exemption using the mechanism described in the EEC Exemption Order, then upon the Contractor’s request, the Board and the Contractor will engage in further discussions regarding the agreed-upon 100% Target Level for the affected performance indicators. C-1 Vermont-VEIC 2006-2008 Contract for EEU II. Description of Performance Indicators The Contractor is eligible to earn an incentive for superior performance in certain specified areas. This section provides a more detailed description of individual performance indicators, their weights as a percentage of the total Performance Award at the 100% Target Level, their individual 100% Target Levels, their minimum thresholds, and the scaling between their thresholds and their 100% Target Levels. The threshold and scaling for each indicator are summarized in Table C-2. A. Cumulative Annual Electricity Savings 1. Weighting The overall weight for this performance indicator is 30% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * 0.30 = $598,500). 2. 100% Target Level For the period January 1, 2006 through December 31, 2008, the 100% Target Level for this indicator (also known as the Electricity Savings Target) is 270,000 MWh (at generation and net of free riders).2 The Electricity Savings Target measures the sum of annualized first-year savings achieved by implementation of all EEU strategies and initiatives, except for the Customer Credit initiative, during the period 1/1/2006 through 12/31/2008. During the contract period the Electricity Savings Target will be adjusted to reflect changes in Contractor EEU Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the Electricity Savings Target will be increased (or decreased) by 4.52 MWh per $1,000 of increase (or decrease) in Contractor EEU Funds. 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents Electricity Savings above a specified threshold. The threshold is set at 80% of the Electricity Savings Target or 216,000 MWh. If the Contractor achieves 80% of its Electricity Savings Target, it can earn $299,250 (50% of the amount it would earn if it achieved 100% of its Electricity Savings Target). The Performance Award shall be scaled linearly between 80% and 100% of the actual Electricity Savings as detailed in Paragraph II.A.4. Results from services implemented by BED shall not be counted towards the Contractor’s performance for the purposes of determining any Performance Awards under this Contract. In addition, results from activities implemented by the Contractor pursuant to Paragraph II.P of Attachment A shall not be counted towards the Contractor’s performance for the purposes of determining any Performance Awards. Any results from activities implemented with funds from other sources (e.g., grants, Vermont Gas Systems), except for savings from activities implemented with funds from Vermont electric utilities pursuant to Paragraph II.P of Attachment A, shall be counted toward the Contractor’s performance for the purposes of determining Performance Awards. 2 C-2 Vermont-VEIC 2006-2008 Contract for EEU 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified cumulative annual Electricity Savings are less than 216,000 MWh. $299,250 for achieving 216,000 MWh (80% of the 100% Target Level) plus $5.542 per MWh for verified cumulative annual Electricity Savings between 216,000 MWh and 270,000 MWh. B. Total Resource Benefits This incentive is designed to encourage the Contractor to maximize energy-related and other resource benefits in implementing energy-efficiency measures and projects during their economic lifetime. 1. Weighting The overall weight for this performance indicator is 24% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * 0.24 = $478,800). 2. 100% Target Level For the period 1/1/2006 through 12/31/2008, the 100% Target Level for this indicator (also known as the Total Resource Benefits (“TRB”) Target) is $184,000,000 (in year-2006 dollars). The TRB Target measures the cumulative TRB achieved by implementation of all EEU services and initiatives except the Customer Credit initiative. The TRB for any given service is defined as the present value (in year2006 dollars) of lifetime net resource savings in electricity, fossil fuel, and water, which are valued at current projections of avoided resource costs.3 Avoided costs do not include environmental or any other externalities (e.g., indirect economic benefits), such as the 0.7 cents/kWh value stipulated in ¶ 51 of the MOU. During the contract period the TRB Target will be adjusted to reflect changes in Contractor EEU Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the TRB Target will be increased (or decreased) by $3,082 (in 2006 dollars) per $1,000 of increase (or decrease) in Contractor EEU Funds. 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents TRB above a specified threshold. The threshold is set at 75% of the TRB Target or $138,000,000. 3 TRB does not include measure costs, or any other costs or benefits to customers (e.g., productivity increases, changes in O&M costs). C-3 Vermont-VEIC 2006-2008 Contract for EEU If the Contractor achieves 75% of its TRB Target, it can earn $239,400 (50% of the amount it would earn if it achieved 100% of its TRB Target). The Performance Award shall be scaled linearly between 75% and 100% of the actual TRB, as detailed in Paragraph II.B.4. 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified TRB are less than $138,000,000. $239,400 for achieving TRB of $138,100,000 (75% of the 100% Target Level) plus $0.005204 per TRB Dollar for verified TRB between $138,000,000 and $184,000,000. C. Summer Peak Demand Savings This performance incentive is designed to encourage the Contractor to achieve superior levels of peak summer demand savings in addition to annual energy savings and total resource benefits. 1. Weighting The overall weight for this performance indicator is 7% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * .07 = $139,650). 2. 100% Target Level For the period 1/1/2006 through 12/31/2008, the 100% Target Level for this indicator (also known as the Summer Peak Demand Savings Target) is 40,000 kW. The Summer Peak Demand Savings Target measures the cumulative annual summer peak demand savings achieved by implementation of all EEU services and initiatives except the Customer Credit initiative. Peak summer demand savings are reductions in Vermont's diversified electric demand (in kilowatts, kW) that coincide with the regional power market's peak load periods in the summer as defined by ISO-NE. During the contract period the Summer Peak Demand Savings Target will be adjusted to reflect changes in Contractor EEU Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the Summer Peak Demand Savings Target will be increased (or decreased) by 0.67 kW per $1,000 of increase (or decrease) in Contractor EEC Funds. 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents Summer Peak Demand Savings above a specified threshold. The threshold is set at 75% of the Summer Peak Demand Savings Target or 30,000 kW. C-4 Vermont-VEIC 2006-2008 Contract for EEU If the Contractor achieves 75% of its Summer Peak Demand Savings Target, it can earn $69,825 (50% of the amount it would earn if it achieved 100% of its Summer Peak Demand Savings Target). The Performance Award shall be scaled linearly between 75% and 100% of the Summer Peak Demand Savings Target, as detailed in Paragraph II.C.4. 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified Summer Peak Demand Savings are less than 30,000 kW. $69,825 for achieving Summer Peak Demand Savings of 30,000 kW (75% of the 100% Target Level) plus $6.983 per kW for verified cumulative annual Summer Peak Demand Savings between 30,000 kW and 40,000 kW. D. Winter Peak Demand Savings This performance incentive is designed to encourage the Contractor to achieve superior levels of peak winter demand savings in addition to annual energy savings and total resource benefits. 1. Weighting The overall weight for this performance indicator is 5% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * .05 = $99,750). 2. 100% Target Level For the period 1/1/2006 through 12/31/2008, the 100% Target Level for this indicator (also known as the Winter Peak Demand Savings Target) is 40,000 kW. The Winter Peak Demand Savings Target measures the cumulative annual winter peak demand savings achieved by implementation of all EEU services and initiatives except the Customer Credit initiative. Peak winter demand savings are reductions in Vermont's diversified electric demand (in kilowatts, kW) that coincide with the regional power market's peak load periods in the winter as defined by ISO-NE. During the contract period the Winter Peak Demand Savings Target will be adjusted to reflect changes in Contractor EEC Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the Winter Peak Demand Savings Target will be increased (or decreased) by 0.67kW per $1,000 of increase (or decrease) in Contractor EEU Funds. 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents Winter Peak Demand Savings above a specified threshold. The threshold is set at 75% of the Winter Peak Demand Savings Target or 30,000 kW. C-5 Vermont-VEIC 2006-2008 Contract for EEU If the Contractor achieves 75% of its Winter Peak Demand Savings Target, it can earn $49,875 (50% of the amount it would earn if it achieved 100% of its Winter Peak Demand Savings Target). The Performance Award shall be scaled linearly between 75% and 100% of the Winter Peak Demand Savings Target, as detailed in Paragraph II.D.4. 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified Winter Peak Demand Savings are less than 30,000 kW. $49,875 for achieving Winter Peak Demand Savings of 30,000 kW (75% of the 100% Target Level) plus $4.988 per kW for verified cumulative annual Winter Peak Demand Savings between 30,000 kW and 40,000 kW. E. Summer Peak Demand Savings in Certain Geographic Areas This performance incentive is designed to encourage the Contractor to achieve superior levels of peak summer demand savings in portions of Chittenden County; the Newport/Derby area; and St. Albans City/Town as generally described by the Board in the Geographic Targeting Order. 1. Weighting The overall weight for this performance indicator is 10% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * .10 = $199,500). 2. 100% Target Level For the period 7/1/2007 through 12/31/2008, the 100% Target Level for this indicator is 10,750 kW. The Summer Peak Demand Savings in Certain Geographic Areas measures the sum total of all summer peak capacity reductions in the geographic areas designated in Paragraph II.E, above. It includes all of the cumulative annual summer peak demand savings achieved by implementation of all EEU services and initiatives within the above referenced-geographic areas except the Customer Credit initiative. During the contract period the Summer Peak Demand Savings in Certain Geographic Areas Target will be adjusted to reflect changes in Contractor EEC Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the Summer Peak Demand Savings in Certain Geographic Areas Target will be increased (or decreased) by 0.18 kW per $1,000 of increase (or decrease) in Contractor EEU Funds. 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents Summer Peak Demand Savings in Certain Geographic Areas above a C-6 Vermont-VEIC 2006-2008 Contract for EEU specified threshold. The threshold is set at 50% of the Summer Peak Demand Savings in Certain Geographic Areas Target or 5,375 kW. If the Contractor achieves 50% of its Summer Peak Demand Savings in Certain Geographic Areas Target, it can earn $99,750 (50% of the amount it would earn if it achieved 100% of its Winter Peak Demand Savings Target). The Performance Award shall be scaled linearly between 50% and 100% of the Summer Peak Demand Savings in Certain Geographic Areas Target, as detailed in Paragraph II.E.4. 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified Summer Peak Demand Savings in Certain Geographic Areas are less than 5,375 kW. $99,750 for achieving Summer Peak Demand Savings in Certain Geographic Areas of 5,375 kW (50% of the 100% Target Level) plus $18.558 per kW for verified Summer Peak Demand Savings in Certain Geographic Areas between 5,375 kW and 10,750 kW. F. Winter Peak Demand Savings in Certain Geographic Areas This performance incentive is designed to encourage the Contractor to achieve superior levels of peak winter demand savings in the Southern Loop and Newport/Derby as generally described by the Board in the Geographic Targeting Order. 1. Weighting The overall weight for this performance indicator is 10% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * .10 = $199,500). 2. 100% Target Level For the period 7/1/2007 through 12/31/2008, the 100% Target Level for this indicator is 10,750 kW. The Winter Peak Demand Savings in Certain Geographic Areas measures the sum total of all winter peak capacity reductions in the geographic areas designated in Paragraph II.F, above. It includes all of the cumulative annual winter peak demand savings achieved by implementation of all EEU services and initiatives within the above referenced-geographic areas except the Customer Credit initiative. During the contract period the Winter Peak Demand Savings in Certain Geographic Areas Target will be adjusted to reflect changes in Contractor EEC Funds that might occur, consistent with the limitation set forth in Paragraph 8 of the Main Body. Specifically, the Winter Peak Demand Savings in Certain Geographic Areas Target will be increased (or decreased) by 0.18 kW per $1,000 of increase (or decrease) in Contractor EEU Funds. C-7 Vermont-VEIC 2006-2008 Contract for EEU 3. Threshold and Scaling Up to 100% Target Level The Contractor shall be eligible to receive a Performance Award for this indicator only if the Board determines that the Contractor successfully achieves and documents Winter Peak Demand Savings in Certain Geographic Areas above a specified threshold. The threshold is set at 50% of the Winter Peak Demand Savings in Certain Geographic Areas Target or 5,375 kW. If the Contractor achieves 50% of its Winter Peak Demand Savings in Certain Geographic Areas Target, it can earn $99,750 (50% of the amount it would earn if it achieved 100% of its Summer Peak Demand Savings Target). The Performance Award shall be scaled linearly between 50% and 100% of the Winter Peak Demand Savings in Certain Geographic Areas Target, as detailed in Paragraph II.F.4. 4. Performance Award Up to 100% Target Level The Contractor’s Performance Award shall be: $0 if verified Winter Peak Demand Savings in Certain Geographic Areas are less than 5,375 kW. $99,750 for achieving Winter Peak Demand Savings in Certain Geographic Areas of 5,375 kW (50% of the 100% Target Level) plus $18.558 per kW for verified Winter Peak Demand Savings in Certain Geographic Areas between 5,375 kW and 10,750 kW. G. Stocking of Compact Fluorescent Light Bulbs by Grocery Stores This indicator is designed to encourage the Contractor to pursue placement of quality energy efficient lighting products (CFLs) to be sold at prices that are acceptable to consumers within large retail grocery operations in Vermont. The Contractor will obtain participation agreements to be in effect during part of both 2007 and 2008 with independent grocery stores or chains representing at least 40 distinct “large” retail grocery locations within Vermont. A large retail grocery store location for the purposes of this performance indicator is one that has been identified as having at least 25 employees at that location. A location is a specific store site located within Vermont. A participation agreement is defined as either 1) a written agreement between the Contractor and the retailer for the retailer to sell CFLs and offer EEU retail coupons to customers to reduce the price of the products; or 2) a negotiated manufacturer buydown or retailer markdown signified by a written agreement for the sale of specified numbers of selected CFLs at locations agreed upon between the Contractor and the manufacturer and/or retailer. These participation agreements must represent at least one retail grocery location for each of the three major grocery store chains that operate in Vermont. As of the start of the Term of this Agreement the three major grocery store chains are Hannaford, Price Chopper and Shaw’s. C-8 Vermont-VEIC 2006-2008 Contract for EEU In addition to having participation agreements in place, each qualifying retail grocery location must also demonstrate evidence of CFL sales between August 1, 2008 and December 31, 2008. 1. Weighting The overall weight for this performance indicator is 7% of the Contractor’s total maximum Performance Award at the 100% Target Level ($1,995,000 * .07 = $139,650). 2. 100% Target Level To reach the 100% Target Level for this indicator (also known as the Grocery Store Target) the Contractor must achieve the following: participation agreements in effect for at least some period of both 2007 and 2008 for at least 40 retail grocery locations; and within the above retail grocery locations at least one agreement must be in place for a retail grocery location for each of the following grocery store chains: Hannaford, Price Chopper and Shaw’s; and demonstrated CFL sales between August 1, 2008 and December 31, 2008 for each of the above retail grocery locations. 3. Threshold The Contractor will earn 60% of the award if it achieves the following: participation agreements in effect for at least some period of both 2007 and 2008 for at least 40 retail grocery locations; and within the above retail grocery locations at least one agreement must be in place for a retail grocery location for two of the following grocery store chains: Hannaford, Price Chopper and Shaw’s; and demonstrated CFL sales between August 1, 2008 and December 31, 2008 for each of the above retail grocery locations. There is no scaling for this performance indictor. 4. Performance Award The Contractor’s Performance Award shall be: $0 if fewer than 40 grocery store locations are verified as participating, or if fewer than two of the three identified grocery store chains participate. $83,790 if all the requirements are met for the 100% Target Level except that only two of the three identified grocery store chains participate. $139,650 if all the requirements detailed above for the 100% Target Level are met. C-9 Vermont-VEIC 2006-2008 Contract for EEU H. Community Awareness This indicator is designed to encourage the Contractor to conduct community-based educational and promotional activities with the goal of achieving high levels of participation and energy savings in individual communities. 1. Weighting The overall weight for this performance indicator is 7% of the Contractor’s total proposed Performance Award at the 100% Target Level ($1,995,000 * .07 = $139,650). 2. 100% Target Level The Contractor’s Community Awareness Target for this performance indicator is 35% community participation (as defined in Paragraph V.C.3, below) in the Village of Northfield and the Town of Hardwick. In at least one of these two communities, there will also be a target of achieving a three percent reduction in community-wide electrical energy use. (See Paragraph II.H.4, below.) 3. Threshold and Scaling Up to 100% Target Level The Contractor shall receive 50% of the Performance Award if the Board determines that the Contractor successfully achieves the targeted 35% participation rate in the two designated communities and a minimum threshold reduction of one percent in electrical energy use in one of the designated communities. The Performance Award shall be scaled between 50% and 100% for achievement of electrical energy savings between the one percent minimum threshold and the three percent 100% Target Level in one of the designated communities. 4. Performance Award The Contractor’s Performance Award shall be: $0 if the Contractor does not achieve at least 35 percent community participation in the two designated communities, or if neither designated community demonstrates the minimum threshold reduction of one percent in community-wide electrical energy use; and $69,825 if the Contractor achieves at least 35 percent community participation in the two designated communities, at least one of which demonstrates the minimum threshold reduction of one percent in community-wide electrical energy use. A scaled amount between $69,825 and $139,650 for community-wide electrical energy savings between the one percent minimum threshold and the three percent 100% Target Level in one of the designated communities, provided that the Contractor has also achieved at least 35 percent community participation in the two designated communities. C - 10 Vermont-VEIC 2006-2008 Contract for EEU I. Revised Avoided Cost Projections, Costing Periods and Line Loss Factors The Board approved revised avoided cost projections, costing periods and line loss factors on November 21, 2006. The Contractor will begin using these new avoided costs, costing periods and line loss factors by July 1, 2007, but may request an extension to this deadline if unforeseen circumstances arise. The Board and the Contractor shall execute a contract amendment to modify the Electricity Savings Target, the TRB Target, the Winter Peak Demand Savings Target, the Summer Peak Demand Savings Target, Winter Peak Demand Savings in Certain Geographic Areas Target, and the Summer Peak Demand Savings in Certain Geographic Areas Target on a prospective basis to reflect updated projections of avoided resource costs, revised costing periods and revised line loss factors. Unless mutually-agreed otherwise by the Contractor and the Board, the following process will be used to make the appropriate adjustments to these Targets: Recalculate the total for each of the above Targets using the new avoided cost projections, costing periods and line loss factors as appropriate; Determine the percentage of the above original Targets that Contractor has achieved by the implementation date of the new avoided cost projections, costing periods and line loss factors; and Multiply the new Targets by that percentage to determine the amount of the new Targets that the Contractor has already achieved as of the implementation date of the new avoided costs, costing periods and line loss factors. Electricity Savings, Demand Savings and TRB achieved after the revised targets are adopted will be tracked using the updated avoided costs, costing periods and line loss factors. Any additional issues associated with new avoided costs, costing periods and line loss factors (including but not limited to any mid-year implementation issues) will be agreed upon in advance by the Contractor and the Contract Administrator in consultation with the DPS. III. Additional Performance Awards for Achievement Above 100% Target Level The Contractor may earn additional Performance Awards if the Contractor exceeds the 100% Target Level for any of the following indicators which are defined in Paragraph II: Cumulative Annual Electricity Savings Total Resource Benefits Summer Peak Demand Savings Winter Peak Demand Savings Summer Peak Demand Savings in Geographic Areas Winter Peak Demand Savings in Geographic Areas There is no limit on the dollar amount of additional Performance Awards the Contractor may earn for exceeding the 100% Target Level for any single performance indicator, other than the overall total performance award cap of $2,347,000. C - 11 Vermont-VEIC 2006-2008 Contract for EEU The additional Performance Awards for these indicators shall be calculated as follows: $14.919 for each Verified MWh above 270,000 MWh (100% Target Level) of Verified Electricity Savings; $0.018 for each Verified TRB$ above $184, 000,000 (100% Target Level) of Verified TRB; $19.340 for each Verified Summer Peak kW above 40,000 kW (100% Target Level) of Verified Summer Peak Demand Savings; $13.814 for each Verified Winter Peak kW above 40,000 kW (100% Target Level) of Verified Winter Peak Demand Savings; $14.530 for each Verified Summer Peak kW in Geographic Area above 10,750 kW (100% Target Level) of Verified Summer Peak kW in Geographic Area; and $14.530 for each Verified Winter Peak kW in Geographic Area above 10,750 kW (100% Target Level) of Verified Winter Peak kW in Geographic Area. Scaling above the 100% Target Level for these six performance indicators is summarized in Table C-3. IV. Minimum Performance Requirements The Contractor’s eligibility to earn full or partial Performance Awards is contingent on achievement of five Minimum Performance Requirement (MPR) standards. These standards, and associated impacts on Performance Awards, are set forth in Table C-4. A. Five Minimum Performance Requirement Standards 1. Minimum electric benefits. This requirement is intended to ensure that the Contractor produces a minimum benefit-cost ratio of electricity resource savings relative to the costs incurred to implement and evaluate the EEU and the EEC. Electric benefits are defined as the present value (in year-2006 dollars) of lifetime net electricity savings, valued at current projections of avoided resource costs. Total electric benefits shall not include any electric benefits from the Customer Credit program or from BED’s self-implementation of EEU services within BED’s service territory. Total costs for the purposes of this minimum performance requirement standard are defined as the sum of: a. all expenses paid out by the Fiscal Agent from February 2006 through January 2009, except for those related to: i. the Customer Credit program, ii. BED’s self-implementation of EEU services within BED’s service territory (including the DPS’s monitoring and evaluation of BED’s EEU activities), C - 12 Vermont-VEIC 2006-2008 Contract for EEU iii. any performance incentive paid to the Contractor in 2006 resulting from the Contractor’s 2003-2005 activity, and iv. participation in regional capacity market activities; and b. the amount collected to pay for possible Contractor earned performance incentives resulting from the Contractor’s 2006-2008 activity. Failure to meet this minimum standard of performance would disqualify the Contractor from receiving any Performance Award. 2. Minimum spending on residential customers. This requirement is designed to ensure that the Contractor devotes a minimum level of resources to serving residential customers. Failure to attain this minimum standard of performance would automatically reduce the amount the Contractor could earn if it reached the 100% Target Level for all performance indicators ($1,995,000) by 18% (or $359,100). 3. Minimum low-income spending. This requirement is designed to ensure that the Contractor devotes a minimum level of resources to serving Vermont’s low-income population. Low income spending is defined as the total cost to provide EEU services to Vermont ratepayers whose household income is at or below 80% of the Vermont state median household income. Failure to attain this minimum standard of performance would automatically reduce the amount the Contractor could earn if it reached the 100% Target Level for all performance indicators ($1,995,000) by 18% (or $359,100). 4. Minimum participation by small non-residential customers. This requirement ensures that the Contractor serves a minimum acceptable percentage of small nonresidential customers out of all non-residential participants. For this purpose, small non-residential customers are defined as electric accounts with annual energy consumption of 40,000 kWh or below. Failure to attain this minimum standard of performance would automatically reduce the amount the Contractor could earn if it reached the 100% Target Level for all performance indicators ($1,995,000) by 18% (or $359,100). 5. Geographic equity. This requirement is designed to ensure that the Contractor provides a minimum acceptable level of benefits to each of Vermont’s counties. Failure to meet this minimum standard of performance would automatically reduce the amount the Contractor could earn if it reached the 100% Target Level for all performance indicators ($1,995,000) by 6% (or $119,700). The reductions in the maximum Performance Award at the 100% Target Level described above are cumulative. That is, if the Contractor fails to meet both minimum performance standards two and three, the maximum Performance Award at the 100% Target Level will be reduced by $718,200. If the Contractor achieves the 100% Target Level on all performance incentives described in Paragraph II, and fails to meet one or more minimum performance standards, it will not be able to earn a Performance Award that C - 13 Vermont-VEIC 2006-2008 Contract for EEU exceeds the reduced maximum Performance Award at the 100% Target Level. If the Contractor exceeds the 100% Target Level for the performance indicators identified in Paragraph III, it still may earn performance incentives above the reduced maximum Performance Award at the 100% Target Level. Notwithstanding the previous sentence, if the Contractor does not meet one or more minimum performance standards, irrespective of how much the Contractor exceeds the 100% Target Level for one or more performance indicators, the maximum Performance Award that the Contractor may earn is $2,347,000 less the required reductions described above. B. Calculating Performance Awards In determining the Contractor’s eligibility for a Performance Award, the first step will be to assess whether the Contractor met the five minimum performance standards. If the Contractor fails to meet a minimum performance standard and the maximum Performance Award at the 100% Target Level is reduced accordingly, the Contractor will only be eligible to receive the reduced Performance Award, even if the sum of the amounts the Contractor would otherwise have been eligible to receive for meeting the 100% Target Level exceeds this reduced amount. For example, if the Contractor fails to meet minimum performance standard two, but meets the 100% Target Level for all eight performance indicators described in Paragraph II, the Contractor would only receive a Performance Award of $1,635,900 even though the Contractor would have been eligible for a Performance Award of $1,995,000 if it had met all the minimum performance standards. A more complicated example would be if the Contractor fails to meet minimum performance standard two, and fails to meet the minimum threshold for performance indicator eight, but achieves 102% of performance indicator one, and meets the 100% Target Level for the remaining six performance indicators. In this situation the Contractor’s Performance Award would be calculated as follows Step 1: Reduce the 100% Target Level Performance Award cap by $359,100 to $1,635,900 because the Contractor failed to meet minimum performance standard two; Step 2: Sum the amounts the Contractor would have been eligible to earn at the 100% Target Level if it had met all minimum performance standards, excluding the extra amount the Contractor is eligible to earn for achieving 102% of performance indicator one ($598,500 + $478,800 + $139,650 + $99,750 + $199,500 + 199,500 + $139,650+ $0 = $1,855,350); Step 3: Compare the results of steps one and two. The Contractor is eligible to earn a Performance Award equal to the lesser of the two amounts for its 100% Target Level performance, in this example, $1,635,900; Step 4: Calculate the amounts the Contractor is eligible to earn above the 100% Target Level (in this case $66,307 for achieving 2% above the 100% Target Level for performance indicator one);4 and 4 In no case would the Contractor be eligible to earn more than the total available performance award amount of $2,347,000 less the amount of the failed minimum standard, in this case $2,347,000 less $359,100 or $1,987,900 for its achievements above the 100% Target Level. C - 14 Vermont-VEIC 2006-2008 Contract for EEU V. Step 5: Add the results of steps three and four. The Contractor earns a Performance Award equal to the sum of these amounts, in this example, $1,921,657. Documentation and Verification A. Cumulative Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas In order to establish and validate achievements for the Performance Awards for these six indicators, the Contractor and the Board agree to the following documentation and verification process. 1. Verification Process By April 2, 2007 the Contractor will submit a report to the Board, Contract Administrator and DPS that establishes its claim for Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings for 2006. By April 1, 2008, and April 1, 2009, the Contractor will submit a report to the Board, Contract Administrator and DPS that establishes its claim for Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas for the previous year. The Contract Administrator and the DPS will review the Contractor’s report and, at their own discretion, review the Contractor’s project files in order to assess savings estimates for custom measures, comprehensive projects, or key input assumptions. The Contract Administrator and the DPS will then meet with the Contractor in an attempt to resolve any differences on claimed savings. By June 1, 2007, the DPS will provide a technical report or memorandum to the Contract Administrator with its recommendation on Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings for 2006. Following receipt of the DPS’s report, the Contract Administrator will provide a recommendation to the Board regarding Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings for 2006. By June 1, 2008, and June 1, 2009, the DPS will provide a technical report or memorandum to the Contract Administrator with its recommendation on Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings and Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas for the previous year. Following receipt of the DPS’s report, the Contract Administrator will provide a recommendation to the Board regarding Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings, C - 15 Vermont-VEIC 2006-2008 Contract for EEU Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas for the preceding year. Following receipt of the DPS’s report in 2009, the Contract Administrator will also provide a recommendation to the Board on the appropriate Performance Award for each category. Each year the Board will make a final determination regarding Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings from the previous year. In 2008 and 2009, the Board will also make a final determination regarding Summer Peak Demand Savings in Geographic Areas and Winter Peak Demand Savings in Geographic Areas from the previous year. By July 1, 2009, the Board will make a final determination regarding cumulative Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas and the appropriate Performance Award for each category. However, if the Contractor is not chosen as the entity to continue to operate the EEU after December 31, 2008 then the annual savings verification process for Year 2008 shall be in accordance with the following schedule: The Contractor’s 2008 savings claim shall be submitted by March 1, 2009. The Board, the Contract Administrator, and the DPS shall complete the savings verification process by March 31, 2009. The Board will make a final determination regarding Cumulative Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas and the appropriate Performance Award for each category by May 1, 2009. 2. Establishment and Documentation of Savings Estimates The Contractor shall work with the Contract Administrator and the DPS to establish and maintain reasonable savings estimates for prescriptive energy efficiency measures offered. The Contractor shall maintain its documentation of all prescriptive measure savings assumptions in the Technical Reference Manual (TRM). For custom measures or projects, where prescriptive measure savings assumptions have not been established or do not apply, the Contractor shall maintain in its files documentation of all assumptions and calculations used to establish its claim for Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas. All information on savings assumptions and calculations used shall be available for review by the DPS and Contract Administrator. 3. Updating of Estimates As part of its ongoing management and planning, the Contractor shall review and update, as appropriate, its estimates of Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings for measures, technologies and projects in order to reflect information obtained from measurement C - 16 Vermont-VEIC 2006-2008 Contract for EEU and evaluation studies, experiences gained from implementation of energy efficiency services and initiatives, and changes in building and appliance standards and codes. The Contractor shall use these revised estimates of Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, and Winter Peak Demand Savings on a prospective basis for measures installed in reporting claims of Annual Electricity Savings, Total Resource Benefits, Summer Peak Demand Savings, Winter Peak Demand Savings, Summer Peak Demand Savings in Geographic Areas, and Winter Peak Demand Savings in Geographic Areas in future years. B. Stocking of Compact Fluorescent Lightbulbs by Grocery Stores In order to establish and validate achievements for this Performance Award, the Contractor will provide the Contract Administrator with: signed copies of the grocery store location participation agreements that meet the criteria detailed in Paragraph II.G, above; and verifiable sales data that demonstrates that each of the grocery store locations that had a verified participation agreement also sold CFLs between August 1, 2008 and December 31, 2008. C. Community Awareness In order to establish and validate achievements for this Performance Award, the Contractor agrees to the following documentation and verification process. 1. Period of Performance For each designated community the period of performance begins on May 5, 2006 and ends on December 31, 2008. All participation and energy savings results are cumulative for this period. 2. Definition of Community The boundary of each designated community is defined by the appropriate zip code for the community. 3. Percentage of Community Participation The percentage of community participation is defined by the number of unique electric accounts with efficiency measures implemented within the period of performance divided by the total number of electric accounts in the designated community as of the start date for that community. In the case of a manufacturer and/or retail buy-down incentive (see Program Implementation Procedure adopted June 2003), the number of electric accounts with installed efficiency measures is determined as follows: Step 1: Ascertain the average number of products per electric account by dividing the total number of products sold statewide via EEU rebate coupons for the years 2003 and 2004 by the number of unique electric accounts that purchased those products. A specific average will be calculated for each product type (i.e. CFL, fixture, appliance). Electric accounts with an abnormally high number of C - 17 Vermont-VEIC 2006-2008 Contract for EEU products purchased will be excluded from both the numerator and the denominator of this calculation. Step 2: Manufacturer or retailer reports the quantity of products sold from a store location. Step 3: Products are allocated to zip code(s) based on store sales data as described in the June 2003 Program Implementation Procedure. Step 4: The number of electric accounts with installed efficiency measures for the designated community is determined by dividing the total quantity of products in each zip code within the designated community by the statewide products per electric account average. 4. Percent Energy Use Reduction For the purpose of estimating energy use reduction in the designated communities, community-wide energy savings (MWh) shall be taken from Contractor’s tracking system consistent with agreed-upon EEU savings estimation, savings claim and verification procedures. The base year energy use for the designated community is defined as the annual 2005 total electric energy sales for all electric accounts, in all rate classes, within the designated community, as determined from the Contractor’s database of customer usage information. The level of savings achieved in a designated community will be the sum of all verified cumulative savings reported for measures installed within the designated community over the period of performance as defined above and as recorded in the Contractor’s tracking system. 5. Verification Process The Contractor shall provide a report to the Contract Administrator that provides the claim and supporting information for this performance award by April 1, 2009. The Contract Administrator will review the Contractor’s report and, at its own discretion, review the Contractor’s supporting information for its claim. The Contract Administrator will then meet with the Contractor in an attempt to resolve any differences on claims regarding whether the Contractor met this performance indicator. Following this meeting, the Contract Administrator will provide a recommendation to the Board regarding whether the Contractor met this performance indicator and the amount to be awarded. By July 1, 2009, the Board will make a final determination regarding whether the Contractor met this performance indicator and the amount to be awarded. However, if the Contractor is not chosen as the entity to continue to operate the EEU after December 31, 2008 then the above process will be completed such that the Board can make a final determination regarding this performance indicator by May 1, 2009. C - 18 Vermont-VEIC 2006-2008 Contract for EEU D. Minimum Performance Requirements In order to establish and validate achievements for the Minimum Performance Requirements, the Contractor agrees to the following documentation and verification process. 1. Verification Process By April 1, 2009, the Contractor shall submit a report to the Contract Administrator that establishes its claims regarding whether it met the five minimum performance requirements that are defined in Paragraph IV. The Contract Administrator will review the Contractor’s report and, at its own discretion, review the Contractor’s supporting information for its claims. The Contract Administrator will then meet with the Contractor in an attempt to resolve any differences on claims regarding whether the Contractor met the five minimum performance requirements. Following this meeting, the Contract Administrator will provide a recommendation to the Board regarding whether the Contractor met each of the minimum performance requirements. By July 1, 2009, the Board will make a final determination regarding whether the Contractor met each of the minimum performance requirements, and whether any adjustments to the Contractor’s Performance Awards are required. However, if the Contractor is not chosen as the entity to continue to operate the EEU after December 31, 2008 then the above process will be completed such that the Board can make a final determination regarding whether the Contractor met each of the minimum performance requirements, and whether any adjustments to the Contractor’s Performance Awards are required, by May 1, 2009. C - 19