EEU Working Group - Matrix of Functions and Services October 12, 2007 Function Existing Regulatory Commitment “Long-Term Performance Contract Structure” “Franchise-like Structure” (PerformanceBased Ongoing Appointment) Single EVT Contractor and BED EEU Distribution Utilities (EVT contractor must bid if asked) Unchanged Unchanged Unchanged Unchanged EEU (somewhat fuzzy) EEU (somewhat fuzzy) Limited EEU EEU Unchanged Utilities responsible for need determination, resources selection, DUP financing, EEU provides expert opinions/assistance in evaluation of DSM opportunities. Program implementation based on competitive solicitation. EEU EEU with DPS limited role Unchanged EEU with DPS limited role Unchanged EEU Unchanged Unchanged EVT Contractor and BED DPS/ EVT Contractor Responsible for Code Support; Role in Code and Standard Development Somewhat Fuzzy EEU/DPS Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged DPS, with limited EEU role DUs and Third Parties None Unchanged EEU Unchanged Unchanged Existing Contract Structure (i.e., Docket Nos. 5980, 6290, 7081) Scope of EEU Service Electric System-Wide Programs Geo-Targeted Services DUP DSM implementation Market Transformation Public Information and Education Training and Workforce Development Geographic/Customer Class Equity FCM Participant for Statewide EE Resources Codes and Standards Act 250 Compliance Assistance Combined Heat and Power Demand Response R&D Program pilots may be considered routine aspect of program delivery; R&D opportunities to be identified, evaluated and funded on caseby-case merit basis through budget setting process. Legal Basis Legal Mechanism EVT Contract & BED Appointment Performance-Based Appointment/CPG’s with regular review – Appointment reviewed for performance failure or cause; periodically revisit the need for ongoing appointment Governance and Oversight Selection of Entity PSB – through RFP for 3yr contract with option for 3 yr renewal PSB – through RFP for the period to be determined Determination of Performance goals, objectives, minimum standards, performance indices PSB with DPS input, negotiated with Contractor, proceeding every 3 years Same except period to be determined Advisory Committee Unchanged Public Review, Workshop and PSB Approval Unchanged Contract Administrator Unchanged Advisory Input Annual Plan Review and Approval Routine (Contract) Administration Performance-based appointment; initial appointment issued after initial competitive process??. 3 and 6 year cycles of review to determine scope reappointment or competitive solicitation PSB, through public process, every 3 years. Similar to current structure, once budget is determined, then performance goals are set (see budget setting) Advisory Committee with potentially stronger advisory role in certain regulatory proceedings DPS review and input to annual plan, no formal approval process (similar to other utilities) PSB oversight more like a utility, where EEU Working Group - Matrix of Functions and Services October 12, 2007 Routine Oversight of Spending Contract Administrator Unchanged routine administration and spending oversight functions are detailed in the appointment Term of Appointment 3 Years with Option for 3-Year Renewal Length of contract Ongoing, until terminated, pursuant to PSB Order of Appointment or CPG Contract Terms and Conditions; Minimum Performance Requirements Unchanged Compensation Holdback Tied to Measurable Performance Indices Non-Renewal or Loss of Contract Unchanged Initial performance requirements specified in appointment/CPG, reviewed and updated every 3 years coincident with budget setting in Board decision or in social contract Unchanged Term Performance Assurance Performance Requirements Performance Incentives Performance Penalties Unchanged Loss of performance incentives if goals are not met, potential loss of appointment/CPG for cause, including minimum performance expectations . Program Planning & Implementation Determination of Program Scope/Design Program Delivery – single or multiple entities Incentives to Customers Implementation Strategies EEU, Within PSB Guidelines Discretion of EVT Contractor and BED Discretion of EVT Contractor and BED Discretion of EVT Contractor and BED Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged Unchanged Resource Planning Long-Term Resource Planning Utilities/VELCO/ DPS Utilities/VELCO/ DPS/EEU Utilities/VELCO/ DPS/EEU NTA Planning & Analysis Efficiency Potential Studies Contribution to DPS Forecasts and Plans Input to Legislature Utilities Utilities DPS with input from PSB Workshop Process Limited Input from EEU only as Requested by DPS EEU Provides Information only when Requested and Approved by PSB (through Contract Administrator) Unchanged Limited Input from EEU only as requested by DPS Unchanged Utilities (w/EEU consultation) Unchanged Limited Input from EEU only as requested by DPS Same rules that apply to regulated monopoly service utilities Evaluation Savings Verification Market Assessment EEU Program Evaluation Independent Audit Process Evaluation DPS DPS None 3rd party contractor to PSB no responsibility Unchanged, annual savings verification by DPS Unchanged EEU /DPS ??? Unchanged DPS Unchanged Unchanged EEU in consultation with DPS Budget Budget Setting Authority Budget Setting Process Budget Term PSB PSB Workshops inform PSB Order Set once every 3 years, w/subsequent adjustments at discretion of PSB Unchanged PSB Proceeding -DPS 1st proposes initial budget and savings levels Long term targets 10-20 years - PSB process to review and set at least every three years Unchanged