DRAFT OF A RECOMMENDATION FOR A
NEW ENERGY EFFICIENCY UTILITY STRUCTURE
This draft for a recommendation has been developed by a number of participants in the workshop
process established by the Vermont Public Service Board on July 12, 2007 to address possible
alternative structures for Vermont’s Energy Efficiency Utility. It reflects discussion, contributions,
and input from a range of participants. There are several key provisions on which parties continue
to disagree. As the deliberative process to date has suggested varying degrees of consensus on
many structural issues, this document proposes language that is intended to form the basis for a
Department of Public Service petition to the Public Service Board, requesting structural changes in
the model used to deliver efficiency services in Vermont. At this point, no participants are bound
by an endorsement of this draft.
Summary
Part I – (pp.2 -12) – Outlines general structure and conditions. Defines an Order of Appointment
as the legal mechanism to be used by the Board to establish one or more EEUs for the purpose
of acquiring cost-effective demand side resources. Defines the general scope of EEU’s role
including new responsibilities working with utilities on forecasting, planning and
implementation strategies to avoid T&D upgrades. EEU Advisory Committee, selected by
EEU, is expressly constituted to advise EEU.
Part II – (pp. 13-23) – Details the framework for planning, performance review, evaluation and
ongoing appointment (as well as reconsideration at any time for cause.). This includes the
following components with description of their respective purpose, process, requirement and
timeframe:



June 23, 2008
development and PSB adoption of a 20-Year Efficiency Resource Plan, updated every
three years;
setting, reviewing and resetting quantitative performance indicators every three years
(similar to the current process, but subject to a Board proceeding)
a new overall performance assessment of the EEU every six years (default is ongoing
appointment);
1
Provided Without Prejudice




a new appointment reconsideration process every 12 years;
continuation of the existing independent third party audit every three years
continued ongoing monitoring and savings verification
details of comprehensive evaluation procedures and who is responsible for conducting
them
Part III – (pp. 24 – 26, with timeline) – provides for transition from the current contract structure to
the new structure, including the initial appointment.
Part IV – (pp. 27 - 32) – Summary of Roles and Responsibilities for the Board, DPS, EEUs, and
Utilities.
Part V – (pp. 34 - 44) - details administrative requirements and procedures for EEUs including
budgeting, financial management, contract and staff management, dispute resolution,
information technology, data collection and operational requirements including confidentiality,
public education, cost-effectiveness screening, reporting, coordination and quality assurance.
Part VI – (pp. 44-53) – outlines a new compensation concept which includes “non-resource
acquisition compensation” for activities that don’t directly contribute to savings goals (e.g.,
training, forecasting, code support, ISO participation) and “resource acquisition compensation”
for work contribution to savings. Details termination procedure
Part VII – (pp. 53-58) Definitions
Part I. General Structure, Terms and Conditions of EEU Appointment
1. Legal Mechanism
A. The Parties agree that the Board should, at this time, establish a single mechanism, one or
more EEUs, for the acquisition of cost-effective demand-side resources, including planning
and delivery of Comprehensive Energy Efficiency Programs that are called for as a part of
the provision of regulated utility service under 30 V.S.A. § 218c. The demand-side
June 23, 2008
2
Provided Without Prejudice
efficiency resource acquisition initiatives undertaken by the EEU shall be in place of
utility-specific programs developed pursuant to 30 V.S.A. § 218c and shall be deemed by
the PSB to satisfy the DUs corresponding obligations, in whole and part, under section
218c and under any prior Orders of the Board. An EEU shall be the subject of an Order of
Appointment to be issued by the Board under the authority conferred, and consistent with
the provisions of, 30 V.S.A. §209(d) and §209(e).
B. Entities may petition the Board to be appointed an EEU. With the approval of the Board,
an EEU may be an organization affiliated with a gas or electric utility over which 30
V.S.A. § 203 confers jurisdiction upon the Board. Upon appointment, an EEU may not
abandon or curtail any responsibilities associated with the appointment without first
obtaining the approval of the Board.
2. General Scope of EEU Responsibilities
A. An EEU shall be responsible for, on behalf of Vermont ratepayers and their utilities, the
acquisition of maximum cost-effective demand-side resources through comprehensive
approaches to reducing customer electricity requirements, including:
i. Increasing the efficiency of buildings, equipment, products and other electricity end
uses;
ii. Reducing electric system and generation capacity requirements through peak load
reduction and management in targeted areas as a part of DUP and transmission
planning;
iii. Reducing absolute energy use through controls, sizing, operation and maintenance
practices and other consumer actions;
iv. Participating in electric system planning and cooperating with the Department and
Vermont Utilities in the provision of least-cost service under 30 V.S.A. § 218c;
v. Public information and education that will empower consumers to manage their
electricity use;
vi. Promoting market transformation strategies to improve the efficient use of electricity;
and
vii. Development and support of policy instruments that can serve as useful tools for
June 23, 2008
3
Provided Without Prejudice
electricity savings through voluntary action or government adoption.
B. An EEU shall balance the pursuit of short-term and resource acquisition with long-term
resource acquisition that may be achieved through market transformation strategies. The
balance between these objectives shall be reflected in the definition and weighting of EEU
performance indicators.
C. An EEU shall plan and implement demand-side resource acquisition activities both at the
system-wide (statewide) level and, sub-levels defined by the electric transmission and
distribution system in coordination with the Vermont Utilities, as directed by the Board.
D. Implementation Strategies and Incentives to Customers. In designing and implementing
demand-side efficiency resource acquisition initiatives and strategies an EEU shall:
i. seek to maximize the acquisition of Net Benefits for all retail electric customers;
ii. prioritize lost opportunity markets;
iii. pursue market transformation strategies;
iv. coordinate with and leverage regional and national efficiency efforts;
v. seek to provide all retail electric customers with the opportunity to participate in EEU
services and initiatives;
vi. provide information, technical assistance and/or financial incentives to overcome
market barriers to the implementation of measures that provide cost-effective demandside resources
vii. seek to maximize and facilitate customer contribution to measure costs;
viii.
pursue flexible and robust strategies to cost-effectively avoid capacity and energy as
part of utility IRP; and
ix. pursue innovative approaches to cost-effective acquisition of demand-side resources.
E. Distributional Equity. Over time, the benefits of System-Wide services, initiatives and
other activities carried out by EEUs, exclusive of Geographically Targeted demand-side
resource acquisition initiatives approved by the Board, should generally reflect the level of
contribution to EEU costs by ratepayers, as reflected in EEC payments, by customer class
and geographic region of the State, unless otherwise determined by the Board.
June 23, 2008
4
Provided Without Prejudice
F. DUP and Transmission Planning Responsibilities. To provide support for utility DUP and
transmission planning processes, an EEU should develop or arrange for both planning and
enhanced implementation capabilities. DUP is undertaken by DUs in accordance with the
requirements established in Docket No. 6290, and as amended from time to time.
Transmission planning is undertaken in accordance with the process established in Docket
No. 7081. In the context of DUP, the DU remains responsible for making resource
selection decisions that will enable it to satisfy its duty to serve. The Docket No. 7081
outcome establishes a process for constructively influencing utility resource decisions
affecting the transmission systems while respecting the affected utilities’ role in making the
resource selection. The assignment of responsibilities to the EEU contemplated hereunder
is not intended to alter the utilities’ overarching planning responsibilities or lessen the
degree of care to be exercised in pursuit thereof. To the extent required in the application of
DUP and transmission planning principles to solve target area supply and Reliability
Deficiencies, an EEU should:
i. arrange for such end-use forecasting capability or forecasted efficiency savings levels
as is deemed to be appropriate or necessary in connection with DSM planning or as
may be approved by the Board;
ii. utilize such avoided costs as are approved by the Board or in accordance with study
requirements established for DUP and transmission planning utilizing the processes
developed in Docket Nos. 6290 and 7081. In this context, the DU or affected utilities
shall remain responsible for assessing the reasonableness of the avoided costs being
utilized in any specific target area study of a supply problem or Reliability Deficiency;
iii. participate in the VSPC created under Docket No. 7081 and other utility planning
committees;
iv. cooperate with the electric and gas DUs and VELCO in the provision of integrated
utility service subject to the jurisdiction of the PSB under 30 V.S.A. §§ 209 and 218c.
Such cooperation to be defined by any order of appointment issued to an EEU
implementing entity;
v. be assigned responsibility for the provision of Comprehensive Energy Efficiency
Programs in satisfaction of the DUs responsibilities therefore under 30 V.S.A. §218 c;
June 23, 2008
5
Provided Without Prejudice
vi. maintain information on System-Wide and geographically targeted demand-side
resource acquisition services, initiatives and other EEU activities, including
development and maintenance of a data base(s) to support DUP, transmission planning,
load forecasting, and program design, monitoring and evaluation activities; and
vii. provide DSM information for use in detailed DUP, NTA Analysis and transmission
planning studies.
G. VSPC Participation. An EEU shall be a participant in the VSPC and shall be responsible
for the provision of the following information and services in the conduct of DUP and
transmission planning:
i. determining, as necessary and appropriate, the achievable demand-side resource
potential in areas designated for detailed DUP analysis;
ii. determining, as necessary and appropriate, the amount and acquisition rate of demandside resource potential that is anticipated to be captured through EEU System-Wide
demand-side resource acquisition;.
iii. determining the amount and acquisition rate of the target area cost-effective demandside resource potential that is incremental to amounts anticipated to be acquired
through EEU System-Wide demand-side resource acquisition;
iv. developing, as necessary and appropriate, Geographically Targeted services, initiatives
and other activities to capture the cost-effective incremental demand-side resources
within the areas designated for detailed DUP analysis;
v. determining the pace pursuant to which both the system-wide and cost-effective
geographically targeted demand-side resources can be acquired;
vi. determining in conjunction with the affected utilities, if appropriate, the extent to which
potential Geographically Targeted demand-side resource acquisition may impact the
power factor of the remaining net load in areas designated for detailed DUP analysis;
and
vii. estimating the costs of to be incurred in the acquisition of the cost-effective incremental
demand-side resources by the customers and in total.
June 23, 2008
6
Provided Without Prejudice
The Parties agree that in the performance of said services, an EEU shall develop its
estimates with an appropriate degree of certainty and in a manner suitable for use in
connection with the performance of IRP.
H. Contribution to DPS Forecasts and Plans. An EEU shall make information available to the
Department as may reasonably be required to assist the DPS in its energy planning
responsibilities.
.
I. Forward Capacity Market Participant. EEUs should participate in the ISO-NE Forward
Capacity Market (“FCM”) to secure, for the benefit of Vermont ratepayers, any FCM
capacity payments that may be available for demand-side resource measures implemented
by the EEU. EEU’s should submit claims for capacity and participate in the development
and implementation of the FCM, to the extent that projected revenues from participation
exceed projected costs. All costs of participation incurred by an EEU, as well as support
costs incurred by the EEU Facilitator or the DPS, shall be funded by revenues generated
by participation in the FCM, including planning, administration, and incremental
measurement and verification required by ISO-New England.
J. Codes and Standards. An EEU shall provide technical support and training regarding
energy codes and standards. Any support activities that are paid by EEU EEC Funds shall
be described in Annual Plans. The anticipated support includes, but is not limited to:
i. direct technical assistance, including a telephone “hot line”;
ii. development, production and delivery of educational materials;
iii. development and delivery of workshops and professional training; and
iv. technical support for the development of new provisions for energy codes and standards
K. Act 250 Compliance Assistance. An EEU shall provide compliance assistance regarding
energy requirements of Act 250 to applicants to the extent that an EEU deems such
assistance will support EEU demand-side resource acquisition goals.
June 23, 2008
7
Provided Without Prejudice
L. Combined Heat and Power. An EEU may, as part of comprehensive treatment of
customers, include certain combined heat and power systems as an eligible demand-side
resource option. Guidelines specifying eligible criteria, applications and economic
screening procedures for EEU treatment of combined heat and power systems are provided
as Attachment A.
M. Demand Response. An EEU may, as part of comprehensive treatment of customers, include
demand response as an eligible demand-side resource option. The guidelines specifying
eligible demand response applications and economic screening procedures for EEU
treatment of demand response shall be developed jointly by the DUs, the DPS and EEUs,
and shall be designed to work in concert with the host DUs demand response strategy and
initiatives (including any rate designs). Where an EEU recommends demand-response, it
will provide demand-response implementation services only on the customer side of any
utility meter, and will refer the customer to potential demand response providers, including,
but not limited to, the customer’s DU.
N. Applied Research, Development and Demonstration. An EEU may conduct a reasonable
level of applied research, development and demonstration that it believes likely to be costeffective in meeting long-term goals of an EEU and is necessary to advance the goals of
sound product and program design over time. Statements of objectives, estimated costs,
and estimated savings of proposed research, development, and demonstration shall be
submitted by the EEU with opportunity for comment and Public Service Board approval.
Such activity shall also be included and separately identified in Annual Plans and Annual
Reports of an EEU to permit meaningful review and comment.
O. Marketing. An EEU shall implement marketing to (1) promote customer participation in
and market awareness of EEU services and initiatives and (2) to increase consumer demand
for energy-saving products and services, and (3) affect consumer decision-making in
consumer-driven energy efficiency choices. At a minimum, an EEU will provide: (1) a
toll-free number as further described in 30 V.S.A. § 209(d)(3); (2) a web page describing
services available to customers; (3) effective customer response and referral procedures;
and (4) a system for tracking, addressing and resolving customer complaints promptly.
June 23, 2008
8
Provided Without Prejudice
P. Public Information and Education. An EEU shall provide general information to the public
to as part of a strategy to (1) increase consumer awareness and understanding of the
benefits of reducing energy use, and the best technologies available to them and (2) refer
them to information and service resources other than the EEU.
Q. Training and Workforce Development. An EEU shall develop and implement energy
education and technical training initiatives, consistent with long-term EEU goals and
objectives, including cooperative activities with Vermont educational institutions,
vocational training, and continuing education.
R. Energy Education in Schools and Colleges. An EEU may develop and/or support energy
education initiatives in Vermont schools, colleges and universities to the extent an EEU
deems such activities to be cost-effective in meeting long-term goals of an EEU. Such
activity shall be included in Annual Plans and Annual Reports of and EEU.
S. Information for DU Planning. The EEU shall make available customer-specific data,
including but not necessarily limited to information regarding customer implementations,
to the DU serving the relevant customer(s), if requested by the DU and subject to
appropriate confidentiality protections against disclosure to unauthorized entities or
personnel. Such information shall be limited to information necessary, and shall be used
by a DU solely, for load forecasting and planning and implementation, for determining and
addressing whether the EEU’s activities have been or will be consistent with the
distributional equity principle set out in paragraph 2(E), above, and/or for ratemaking or
any alternative ratemaking strategy which may be approved by the Board. Such
information shall not be used for marketing or promotion except directly as part of DUPrelated load forecasting and DSM planning and implementation, and shall not be used by a
DU to obtain a competitive advantage over any other entity or person. Disclosures under
this paragraph shall be subject to appropriate safeguards and protections. In connection
with the provision of information under this paragraph, each DU and the EEU shall provide
reasonable notice and shall act in good faith to accommodate the reasonable considerations
of the EEU and the DU.
June 23, 2008
9
Provided Without Prejudice
3. Energy Efficiency Charge (EEC)
A separately stated, non-bypassable, volumetric system benefits charge on the bill from all DUs to
their customers known as the EEC shall be used to fund such parts of the EEU’s revenue
requirements as approved by the Board. The Board shall also consider alternative funding
mechanisms to the EEC, and approve as warranted. There shall be a presumption that alternative
funding sources shall offset the EEU Budget. However, the Board shall determine, after
opportunity for comment, whether funds generated from alternative or independent sources and
mechanisms shall offset or supplement EEC revenues that are collected to fund the EEU Budget.
The Board shall from time to time establish the EEC in accordance with the requirements of PSB
Rule 5.300. EEU revenue requirement amounts derived from other sources and mechanisms as
may be developed by the EEU, or established or approved by the Board, shall not be eligible for
recovery with funds derived via an EEC. The EEU Budget for geographically targeted planning
and acquisition of demand-side resources should also be recovered via the EEC or via DU service
area-specific EEC adders as determined appropriate. Where the affected DUs find that it is
appropriate to assign the costs for geographically targeted planning and resource acquisition
services to the customers of one or more DUs, said costs should be allocated in accordance with
the principles established in Docket No. 7081, and DU service area-specific EEC adders, or
comparable mechanisms if available, shall be established by the Board to fund such activities.
Since it cannot be determined with complete accuracy what geographically targeted planning and
resource acquisition services will be required in any regular performance period, the EEU Budget
for such period should include amounts designed to recover the cost for the geographically
targeted planning and resource acquisition services reasonably anticipated to be performed during
that period. To the extent that the full amount of the budget collected for such purposes is not
utilized for geographically targeted planning and resource acquisition services, such amounts shall
be carried forward into a subsequent regular performance period, returned to customers, or
otherwise disbursed as directed by the Board after an opportunity for comment by interested
parties. Should the budget collected for such purposes be insufficient to recover the costs for the
geographically targeted planning and resource acquisition services called for during a regular
performance period, the unfunded costs for such services may be allocated to the affected DUs by
the Board in accordance with the principles established in Docket No. 7081 and recovered by DUs
utilizing traditional DSM Cost Recovery Mechanisms. An affected DU may also seek a service
area-specific EEC adder for the recovery of such allocated costs upon petition to the Board after
notice and an opportunity for hearing. In reviewing a petition under this paragraph, the Board
shall consider whether the geographically targeted planning and resource acquisition services to be
funded meet the requirements of 30 V.S.A. §§ 209(d) and (e), and 218c, whether cost-sharing
within the ISO-NE region is available for all or part of said services, whether funding said services
through the EEC adder is justified to avoid adverse financial impacts on the petitioner DU or by
limits on said DU’s access to capital, whether all or some portion only of said services should be
funded through the EEC adder, whether an EEC adder should include any incremental
administrative, accounting, and verification costs that would be incurred if the petition were
granted, and any other factor the Board deems relevant. In the event that the Board approves the
petition of a DU under this paragraph, the traditional DSM Cost Recovery Mechanisms shall not
apply to any expenditure funded by the EEC adder.
EEU Advisory Committee
June 23, 2008
10
Provided Without Prejudice
An EEU Advisory Committee shall be established with the following objectives:
A. Stakeholder input that effectively challenges and advises the EEUs planning, program
design and development
B. Increased public confidence in and understanding of the EEU including its oversight and
accountability processes
C. Public advocacy to ensure the integrity and accountability of the EEUs
D. Independent and informed support and criticism
E. Committed members who participate
F. EEUs will develop stated expectations of Advisory Committee members, including the
expected roles and time commitment for participation. Responsibilities may include:
i. Input into and review of EVT annual plan
ii. Review of savings claims and annual report
iii. Annual review of EVT stakeholder input process
G. The EEU Advisory Committee shall:
i. Be composed of 12-15 members
ii. Chaired by a member selected by the EEUs
iii. Staffed and supported by the EEUs
iv. Meet at least 3 times per year
v. Meet the requirements of Vermont open meeting law
H. EEU Advisory Committee Membership
i. All members of the EEU Advisory Committee will be appointed by the EEUs.
ii. Members shall reflect a balance of interests and geographic diversity to the extent
possible. Membership shall include representatives of transmission and distribution
utilities, all customer classes, government, and business, consumer and environmental
June 23, 2008
11
Provided Without Prejudice
advocates.
I. The Advisory Committee shall establish its Rules of Procedure
J. Members may receive a per diem for their participation provided by the EEUs
4. EEU Fiscal Agent
The Fiscal Agent shall receive all EEC revenues paid to and / or collected by DUs and shall
disburse them to an EEU and such other persons or organizations, all as directed by the Board.
The Fiscal Agent shall keep accurate accounts of all money it receives and disburses. The
Fiscal Agent shall be an agent of and report to the Board, and shall be independent of any
EEU.
June 23, 2008
12
Provided Without Prejudice
Part II. Planning, Performance Review, Evaluation and Ongoing Appointment
An Order of Appointment shall establish the following framework for Planning, Operations,
Performance Review, Evaluation and Ongoing Appointment:
1. Basic Framework
A. Schedule. EEUs cycles of planning, evaluation and performance review are all interrelated (see timeline presenting “Cycles for Planning, Performance Review, Evaluation and
Ongoing Appointment,” at the end of this section). These can usefully be broken down into
the following components, each of which has a unique purpose, timing and process, which
is further defined below:

EEU Long-Term Demand Resources Plan (DRP)

Setting, Review and Resetting of Quantitative Performance Indicators including the
establishment of applicable minimum requirements

Annual certification of EEU by DPS

Overall Performance Assessment of Appointed Entity

End-of-Cycle Reconsideration of Appointment

Independent 3rd-Party Audit

Ongoing Opportunity to Consider the Appointment

Ongoing Monitoring, Savings Verification and Evaluation
2. EEU Long-Term Demand Resources Plan
A. Purpose. The EEU Long-Term Demand Resources Plan will provide a set of operating
assumptions for future resource acquisition and costs. This DRP will provide short-term
(e.g., 3-year) savings goals and budgets that can serve as the basis of performance
indicators to assess EEUs performance. It will also provide operating assumptions for longterm (e.g. 20-year) budgets and savings that can be used for long-term resource planning by
the EEUs, the DPS, Distribution Utilities and VELCO. Proposed budgets shall address the
June 23, 2008
13
Provided Without Prejudice
objective of achieving all reasonably available, cost-effective energy efficiency savings in
accordance with 30 V.S.A. §209(d)(4). The 20-year values can also be used by an EEU as
the basis for bids in the ISO New England Forward Capacity Market and potential
financing agreements.
B. Description. The EEU Long-Term Demand Resources Plan will be a set of year-by-year
values for EEU demand-side resource acquisition savings goals and associated budgets by
calendar year for the twenty-year period following a Board Order adopting the plan.
C. Timeframe. The process for developing a DRP shall normally be timed to conclude one
year before the year when it would become effective. In the transition period, the first DRP
may conclude no later than six months prior to the year where it would become effective.
D. Requirements and Process
i. The EEU Long-Term Demand Resources Plan will be for a twenty-year period and will
be updated every three years.
ii. The starting point for any changes in values for savings and goals will be the values
from the last Twenty-Year EEU Demand Resources Plan
iii. Resource acquisition goals and associated budgets will be proposed to the Board by the
DPS. EEUs and other parties may also propose goals and budgets. Proposals shall be
informed by:
(a) relevant evaluations and potential studies conducted by the DPS and EEUs
implementers, as well as any relevant evaluations or market assessments presented
by other interested parties
(b) changes in technology, markets, and baseline considerations such as may be
impacted by codes and standards that affect the need for market intervention
through an EEU, including:
(i) the extent to which baseline efficiency levels have changed;
(ii) the extent to which markets have been transformed;
(iii) the extent to which market-based energy service and product providers are able
to capture cost-effective efficiency opportunities
June 23, 2008
14
Provided Without Prejudice
(iv) the extent to which new technologies and/or strategies can be expected to create
new opportunities for cost-effective resource acquisition;
(v) changes in avoided costs, rates, and the development of other markets that may
impact assessments of cost-effective resource potential (e.g., ISO-NE FCM,
RGGI)
iv. Proposals shall contain supporting analyses for one or more sets of proposed values for
twenty-year resource acquisition goals and associated budgets.
v. The determination of demand-side resource goals and associated budgets shall be
guided by the objectives and criteria of 30 VSA §218c, §209(d), §209(e), §202(a), and
other applicable sections of Vermont statutes, as well as prior Board Orders.
vi. As described further in Part VI section 1.B.i, EEUs shall also propose budgets for
services and initiatives to be supported by Cost of Service Compensation.
vii. Any interested party including EEUs may present additional proposals,
recommendations, or responses to proposals made. If the parties present markedly
different proposals or recommendations, the Board may seek to resolve the disputes
after notice and opportunity for hearing.
viii.
The Board should provide any EEU, the DPS, Vermont Utilities, other stakeholders,
and any other person or entity which qualifies for intervention under Board Rule 2.209,
an opportunity to submit comments and participate in a technical workshop prior to
adopting an EEU Long-Term Demand Resources Plan..
3. Set, Review, and Reset of Quantitative Performance Indicators (QPIs)
A. Purpose. The Board shall set Quantifiable Performance Indicators by which the
performance of an EEU can be measured over specified time periods. The purpose of the
QPIs shall be to establish a reasonably balanced system of risks and rewards that
encourages the EEU to operate as efficiently as possible using sound management practices
while seeking to maximize the net-benefits to be afforded via the EEU for Vermont’s
electricity consumers.
June 23, 2008
15
Provided Without Prejudice
B. Description. EEU Quantifiable Performance Indicators may include: “Scaled Performance
Indicators” (e.g., MWh, MW, TRB, market penetration); “Minimum Requirements” (e.g.,
portfolio cost-effectiveness, yield, equity indicators); and other indicators that can be
determined to afford the EEU the opportunity to earn incentive revenues when performance
exceeds predetermined performance metrics. The Board shall conduct a process to
determine which indicators to use for each category (Non-Resource Acquisition and
Resource Acquisition services and initiatives), and the values to be set for each indicator.
While many indicators may be set to be achieved over a three-year performance period
(e.g., MWh, MW, TRB), some may lend themselves to other performance periods (a market
transformation indicator might set to a six year or longer period).
At all times subject to the term of any Appointment, the activities and performance of an
EEU shall be subject to such minimum performance requirements as may be established by
the Board. The Board shall have the authority to amend an EEU’s minimum performance
requirements at any time during the term of an Order of Appointment after notice and an
opportunity for hearing.
C. Timeframe. Performance of EEU implementers relative to specified Quantitative
Performance Indicators (i.e., MW, MWh, market indicators, equity indicators, etc.) shall
be assessed no less frequently than every three years in a process conducted by the PSB.
This process shall be timed to inform the processes whereby the Board reviews the provide
results in advance of the Overall Performance Assessment of the Appointed Entity and the
End-of-Cycle Reconsideration of Appointment.
The DPS shall annually certify to the PSB whether an EEU has achieved or made
appropriate interim progress toward achieving QPIs, whether an EEU is satisfactorily
executing its responsibilities that are not directly measured by QPIs, and whether an EEU’s
performance relative to QPIs is consistent with the portion of the 3-year budget that has
been expended. This certification may be provided as part of the annual savings
verification process.
June 23, 2008
16
Provided Without Prejudice
D. Requirements and Process.
i. Setting and Re-setting Quantifiable Performance Indicators and Values
(a) Setting and re-setting QPIs for an EEU includes determining what indicators shall
be measured, identifying minimum or target values for each indicator, the weighting
assigned to each indicator and the scaling for target values.
(b) The Board shall set the QPIs through a process that shall include one or more
technical workshops and the opportunity for presentation of proposals to the Board.
(c) The initial QPIs to be measured shall be those previously used to assess the EEUs.
The Department shall propose any changes to such Quantifiable Performance
Indicators in consultation with the EEUs and industry experts.
(d) The values and weighting shall be proposed by the DPS and EEUs.
(e) All interested parties may propose revisions to the list of indicators and the values
proposed for QPIs.
(f) Notice shall be provided so that any interested party may present additional
proposals, recommendations, or responses to proposals made.
ii. Evaluation & Incentive Award Determination
(a) EEU implementers shall submit documentation to support claims of performance
relative to QPIs.
(b) The DPS shall review claims of performance relative to current-period QPIs and
prepare a recommendation regarding their findings.
(c) The DPS and the EEU shall seek to resolve any differences regarding the
recommendations.
(d) The DPS shall submit its recommendation to the PSB.
(e) The EEU may offer comments on the recommendation to the PSB.
(f) The Board shall then make a final determination of the extent to which QPIs have
been met and the amount of any held-back compensation that should be provided to
EEU Implementers.
(g) The Board may conduct the processes detailed above concurrently.
June 23, 2008
17
Provided Without Prejudice
4. Overall Performance Assessment
A. Purpose. The Overall Performance Assessment will be conducted by the Board to
determine if there are probable net-benefits from going to the market to consider offers
from alternate implementation entities.
B. Timeframe. The Overall Performance Assessment shall occur no less frequently than every
six years.
C. Requirements and Process
i. The Board shall conduct a public performance review process that will include:
(a) Consideration of the record of the appointed entity in meeting three-year
Quantitative Performance Indicators for the past two review cycles
(b) Consideration of the relative benchmarks of entities conducting similar efficiency
resource acquisition efforts in other jurisdictions, using appropriate indicators of
relative performance (to be developed)
(c) Notice to the public that the Board is conducting an Overall Performance
Assessment of an EEU and soliciting comment from the public on an EEU’s
performance
(d) A review of trends in the overall efficiency of the appointed entity’s performance,
considering the entity’s historical record using indicators such as overall yield (i.e.,
MWh/$ and MW/$)
(e) Consideration of any other market information that may be useful in comparing the
appointed entity’s performance to what might be available from an alternate entity,
for example, bids made for comparable resources in the ISO-NE Forward Capacity
Market
ii. The Board shall provide the EEUs, the DPS, Vermont Utilities, other stakeholders, and
any other person or entity which qualifies for intervention under Board Rule 2.209, an
opportunity to submit comments and participate in a technical workshop on this
performance review.
iii. The Board shall issue a finding regarding whether it has found cause to go to the
market to solicit proposals from alternate entities.
June 23, 2008
18
Provided Without Prejudice
iv. If the Board determines a proposal solicitation process is needed, it shall commence a
process that would result in a new Appointment.
v. The Board may use RFQs, RFPs or similar mechanisms to more definitively ascertain
whether an alternate entity would better meet EEU objectives.
vi. Poor performance relative to minimum requirements serves as a presumptive basis for
initiating the process of ”Overall Performance Assessment” earlier than it would
otherwise be scheduled to take place.
5. End-of-Cycle Reconsideration of Appointment
A. Purpose. After a certain period of time, if it has not been triggered by other events, the
Board will presumptively go to the market to determine whether an alternate EEU entity
might provide greater net-benefits to Vermont ratepayers relative to a currently-appointed
EEU.
B. Timeframe
i. On a twelve-year cycle, the Board shall conduct a process that goes to the market to
consider competitive offers from potential alternate entities to be appointed as an EEU
implementation entity.
ii. This process would be expected to take as much as one year and shall be commenced
no later than two years before the end of a three-year QPI period.
C. Requirements and Process
i. The Board shall initiate this process.
ii. The process may be a simple competitive solicitation (like the current contract re-bid
RFP process) or a staged process that would begin with a request for expressions of
interest or request for qualifications
iii. The Board shall retain the option to defer the implementation of a competitive
solicitation if it finds, after notice and opportunity for comment and through application
of established criteria (to be determined), that the benefits in performance likely to
result from the process are not worth the cost of going to the market at the specified
time
June 23, 2008
19
Provided Without Prejudice
iv. The Board shall provide the EEU, the DPS, Vermont Utilities, other stakeholders, and
any other person or entity which qualifies for intervention under Board Rule 2.209, an
opportunity to submit comments and participate in one or more technical workshops
regarding this performance review.
6. Independent Third Party Audit
In accordance with 30 V.S.A. 209(e)(12), the Board shall require verification by an
independent auditor of the reported energy and capacity savings and cost-effectiveness of
programs delivered by EEU implementers. This audit shall be completed every three years as
proscribed by statute.
7. Ongoing Opportunity to Consider Appointment
At any point in the cycle of Appointment outlined above, the DPS, or any other party, may
request that the Board initiate a review of an EEU Appointment for cause that shall be stated in
the request. Such a review would be equivalent to an Overall Performance Review or the End
of Cycle Reconsideration, but occur sooner than the default six and twelve-year cycles. The
Board shall review such requests and determine whether to initiate a review process.
8. Interaction with Long-Range Transmission Plan
Under the Board’s Order in Docket 7081, an EEU is assigned responsibilities for developing a
long-term (twenty-year) forecast of the capacity reductions that will occur from system-wide
efficiency efforts conducted by an EEU, both at the statewide level and in designated T&D
areas specified by the VSPC. The scheduling of EEU planning, evaluation and performancereview cycles is intended to inform the fulfillment of this obligation in a timely manner.
9. Ongoing Monitoring, Savings Verification and Evaluation
Key elements of ongoing monitoring, savings verification and evaluation, and responsibility
for each, are summarized as follows:
June 23, 2008
20
Provided Without Prejudice
Function
Measure Savings Characterization
Market Characterization & Baseline Studies
Implementation Tracking
Measurement, Including Metering
Savings Verification
Impact Evaluation
Process Evaluation
Additional Measurement & Verification to
Meet ISO FCM Requirements
Responsibility
EEUs and DPS
DPS, EEUs (optional)
EEUs
EEUs and DPS
DPS
DPS
EEUs, DPS (optional)
DPS and EEUs
Statements of objectives, need, and estimated costs of any evaluation activities to be conducted
by an EEU shall be submitted by an EEU with the opportunity for comment and Public Service
Board approval. All such activity shall also be included in Annual Plans and Annual Reports
of an EEU.
A. Measure Savings Characterization is the process of advance specification of generic
assumptions and algorithms for calculating savings for individual electricity-saving
measures as adopted by a Technical Advisory Group (TAG) process and documented in a
“Technical Reference Manual” (TRM). The TAG shall be a standing joint committee of
the DPS and EEUs. It shall update and expand a TRM as deemed appropriate. For
prescriptive measures, this includes specification of any assumed energy and demand
values, hours of use, adjustment (in-service rates, free rider rates, etc.) and other factors
that affect electrical savings. For custom measures, it may specify only key variables that
need to be calculated or measured often and the formulas to be used in calculating savings.
B. Market Characterization and Baseline Studies are processes of gathering and analyzing
information about the characteristics of different markets to support assessment of demandside resource potential, development of market intervention strategies and establishment of
baselines from which efficiency savings can be measured. It includes building, appliance
and equipment saturation surveys, sales data, consumer attitude and behavior surveys and
market structure analysis. The DPS shall be responsible for carrying out the market
characterization work it deems necessary and appropriate. The DPS shall consult and
coordinate with EEUs in planning and conducting this work. EEUs may carry out
June 23, 2008
21
Provided Without Prejudice
additional market characterization work necessary to plan their services and initiatives, as
well as to support their long-range resource planning responsibilities. The DPS shall have
the opportunity to participate in any such studies.
C. Implementation Tracking is the process of gathering and systematically storing customer,
measure, project, and activity data in a database system. This shall be carried out by the
EEUs as part of routine operations and shall include all relevant information for evaluation
activities.
D. Measurement, Including Metering is the process directly measuring quantities that
contribute to determination of electricity savings. It includes direct metering of individual
or multiple end-use loads, counts of measures, and testing. It shall be carried out by an
EEU or the DPS, either as part of implementation (e.g. commissioning) or as part of postinstallation evaluation activities. Metering performed for purposes of meeting requirements
related to verifying ISO-NE FCM savings claims shall be conducted under the provisions
described in the ISO-NE FCM Measurement and Verifications Plans.
E. Savings Verification is the annual process carried out by the DPS to assess an EEU’s
annual savings claims (MWh, MW and TRB). This process shall result in a
recommendation to the Board for a quantitative adjustment to EEU savings claims. In shall
include analysis of measure and project data from EEU tracking systems, review of project
files, and any field verification visits that are deemed to be appropriate.
F. Impact Evaluation is the formal assessment of quantitative savings (MWh, MW and TRB),
typically at the initiative or portfolio level. This includes studies that analyze of pre- and
post-installation measured electricity use and studies that seek to determine market effects
of efficiency initiatives. The DPS shall carry out such evaluations if and when it deems
them to be beneficial.
G. Process Evaluation is the range of activities that can be carried out to evaluate the design
and implementation of EEU operations with respect to objectives and potential for future
improvement from both an administration and process perspective. It uses surveys,
June 23, 2008
22
Provided Without Prejudice
interviews and activity data to understand and assess EEU processes, quality and
effectiveness. Such evaluations shall develop recommendations for strategy and/or process
improvement. The DPS shall include any elements of process evaluation that it deems
beneficial into its other EEU evaluation activities. An EEU may conduct process
evaluations as it deems appropriate and useful. The DPS and EEUs shall coordinate their
assessment of the need for process evaluation and the conduct of process evaluation
activities.
H. FCM Measurement and Verification. For purposes of participation in the ISO-NE Forward
Capacity Market as described in Part I.2.I, the DPS shall be responsible for independent
verification of savings claims, as outlined in Measurement and Verification Plans required
by ISO-NE. EEUs, with contribution and agreement by the DPS, shall develop the
Measurement and Verification Plans.
10. EEU Facilitator
There shall be established an EEU Facilitator, for the purpose of providing administrative,
financial review, goal setting, and monitoring assistance. The Board, DPS, EEUs, and the
current Contract Administrator shall undertake a process to define the precise roles of an EEU
Facilitator. The EEU Facilitator shall be an independent contractor to the DPS, which shall
provide oversight to this position. For transition purposes, the current Contract Administrator
contract shall provide a basis for the duties to be fulfilled.
June 23, 2008
23
Provided Without Prejudice
Part III. Initial Appointment and Transition
This section addresses one-time issues associated with initial Appointment and transition to the
new EEU structure. It is expected that the Board would open a contested-case proceeding to make
the initial appointment and address the transition details exercising its authority under 30 V.S.A. §
209(d)(2).
1. Initial Selection of Entities
The Parties agree that the Board should issue an order under 30 V.S.A. §209(d)(2) appointing
VEIC and BED to serve as EEUs until such time as the Board selects any other entities
through the review and reconsideration of Appointment processes described in this document.
Said orders shall establish VEIC’s continuing authorization to the use of the name Efficiency
Vermont in its provision of EEU services. The Board may, or may not, choose to conduct a
review similar to the Overall Performance Assessment as described above in Section II. 3.,
prior to the initial appointment.
2. Transition Time Line – In order to move to a regular cycle of new processes that
synchronizes with other utility planning dates (e.g., the Long-Range Transmission Plan), some
transition planning and performance periods are shorter than they will be once the transition is
complete. A chart on the following page summarizes key milestones in the transition plan.
3. Transition Process
A. Extend the current Contract (as Backstop) - Under the current EVT contract, the Board is
required to notify the contractor (VEIC), by June 30, 2008, of the Board’s decision as to
whether it will exercise the option to extend the contract at the end of 2008. Because the
recommended change in the EEU structure may not be fully resolved by that date, the
Board would need to provide a backstop regarding timing of the transition to a new
structure. The Board would notify the contractor of the intent to extend the contract for the
next three-year term, with the provision that this could be superseded by a Board Order of
Appointment. Based on the assumption that the Board intends to alter the structure, there
June 23, 2008
24
Provided Without Prejudice
would be no changes in scope or budget with the contract extension. Goals and
performance indicators would reflect a level of activity consistent with 2008 levels.
Transition Time Line
2008
2009
2010
2011
2012
2013
2014
Notice of EVT Contract Extension (backstop)
Contested Case Proceeding to Finalize Structure and Details of
Appointment (Docket Remains Open)
Board Order of Appointment, Including Budget & Goals and
Performance Indicators for 2009 (same as 2008)
Verified Results from 2007 Available
Verified Results from 2008 Available
Set Transition Period Quantifiable Performance Indicators
(2009, same as 2008)
Transition Performance Period
First Efficiency Resource Plan Proceeding to Set 20-Year
Budgets and Goals
Board Order on First 20-Year Efficiency Resource Plan and Set
Performance Indicators for First Performance Period
First Regular Performance Period
Verified Results from 2009 Available
Verified Results from 2010 Available
Second Efficiency Resource Plan Proceeding to Set 20-Year
Budgets and Goals
Board Order on Second 20-Year Efficiency Resource Plan and
Set Performance Indicators for Second Performance Period
Second Regular Performance Period
Verified Results from 2011 Available
Verified Results from 2012 Available
Verified Results from 2013 Available
Third Efficiency Resource Plan Proceeding to Set 20-Year
Budgets and Goals
Board Order on Third 20-Year Efficiency Resource Plan and Set
Performance Indicators for Second Performance Period
6-Year "Overall Performance Assessment"
June 23, 2008
25
Provided Without Prejudice
2015
B. Contested Case Proceeding on New Structure - The Board would convene a contested case
proceeding to finalize the details of the new EEU structure. The conclusion of the
proceeding would be the issuance of an Order of Appointment.
C. Interim Goals, Budgets and Performance Indicators - The period between the end of 2008
and the start of the first QPI three-year performance period would be treated as a transition
period. Under either a contract extension or the initial Order of Appointment, the budget,
goals and performance indicators for this transition period would be set to be equivalent to
the 2008 values under the current contract.
4. First Efficiency Resource Plan Proceeding - Following the issuance of an Order of
Appointment, the Board would convene the first proceeding to adopt year-by-year EEU goals
and budgets for the next twenty years (2010-2029). The same proceeding would address the
choice and setting of Quantifiable Performance Indicators for the first regular three-year
performance period (assumed to be 2010-2012). This process would culminate in a Board
order for a three-year performance period, beginning no sooner than the first day of the seventh
month after the order date or at the beginning of the next calendar year, whichever occurs later.
5. Further Transition Details - The transition from a contract to an appointment would entail
review of numerous administrative details in order to build upon existing systems and avoid
unintended negative consequences. We recommend forming a working group composed of
representatives of the Board, DPS and EEUs to consider the administrative details of the
appointment and the transition period. This group would propose draft language regarding
administrative elements for consideration by the ongoing Working Group and the Board.
June 23, 2008
26
Provided Without Prejudice
Part IV. Summary of Roles and Responsibilities
This section summarizes the roles and responsibilities of various parties, organized by party.
1. Board
A. Regulatory Responsibilities
i.
Issue Order of Appointment to one or more EEUs as identified in Part I 1 A and
consistent with 30 V.S.A. §209(d) and §209(e)
ii.
Determine long-term demand-side resource acquisition goals and associates
investment budgets for EEUs as identified in Part II 2 and pursuant to §209(d)(4).
iii.
Set EEC required to support EEU investment budgets as identified in Part I 3 and
under the authority in §209(d)(3).
iv.
Set Quantifiable Performance Indicators for measuring EEU performance including
Minimum Requirements as identified in Part II 3.
v.
Approve Monitoring and Verification Plans of EEUs as identified in Part II 9.
vi.
Determine whether Quantifiable Performance Indicators have been met as identified
in Part II 3 D ii (f).
vii. Award payment of any hold-back compensation to EEUs as identified in Part II 3 D ii
(f).
viii. Review Annual Plans and Annual Reports of EEUs as identified in Part V 11.
ix.
Conduct periodic Overall Performance Assessment of EEUs as identified in Part II 4.
x.
Conduct periodic Reconsideration of Appointment of EEUs as identified in Part II 5.
xi.
Determine whether to revoke or terminate any EEU Order of Appointment as
identified in Part VI 2.
xii. Oversee fulfillment of the requirements of §209(e) by EEUs.
B. Administrative Responsibilities
i. Select and oversee a Fiscal Agent as defined in Parts I 5 and VII.
June 23, 2008
27
Provided Without Prejudice
ii. Manage EEU Fund including contract for annual audit.
iii. Engage independent auditor to provide report to Legislature as identified in Part II 6
and required by 30 V.S.A. § 209(e)(12)
2. EEUs
A. Operational Responsibilities
i. Acquire maximum cost-effective demand-side resources on behalf of Vermont
ratepayers and their utilities, as identified in Part I 2 A-E, and as required by 30 V.S.A.
§209(d), 30 V.S.A. §209(e) and applicable Board Rules and Orders.
ii. Provide support for DUP and transmission planning processes including participation
in the VSPC, as identified in Part I 2 F.
iii. Implement targeted acquisition of demand-side resources as part of both statewide
resource acquisition plans and as part of the implementation of area-specific DUP
resource acquisition plans, as identified in Part I 2 F.
iv. Participate, on behalf of Vermont ratepayers, in the ISO New England Forward
Capacity Market, as identified in Part I 2 I, and as described in Part II 9 D and Part II 9
H.
v. Conduct the implementation tracking, saving measurement activities and process
evaluations that are appropriate and useful for evaluating EEU performance, as
identified in Part II 9.
vi. Provide such data and reports as are required of the EEU including any support for
utility planning and ratemaking, as identified in Part V 11.
vii. Development, maintenance and monitoring of its own management and operational
systems, as identified in Part V.
viii.
Provide transition assistance in the event of a termination or revocation of an
appointment, as identified in Part VI 2.
B. Regulatory Process Responsibilities
June 23, 2008
28
Provided Without Prejudice
i. May propose long-term demand-side resource acquisition goals and associated
investment budgets, as identified in Part II.
ii. Propose Quantifiable Performance Indicators, as Identified in Part II 3.
iii. Submit documentation to support claims of performance relative to QPIs as Identified
in Part II 3 D ii (a).
iv. Collaborate with DPS to expand and update the EEU Technical Reference Manual as
appropriate, as identified in Part V 21.
v. Participate in the Vermont System Planning Committee, as identified in Part I 2 G.
vi. Participate in regulatory proceedings that affect, or are affected by, EEU demand-side
resource acquisition activities
3. DPS
A. Planning Responsibilities
i.
Conduct efficiency potential studies and propose long-term demand-side resource
acquisition goals and associated investment budgets for EEUs as part of the process
in the development of the EEU Long-Term Demand Resources Plan, as noted in Part
II 2.
ii.
Propose Quantifiable Performance Indicators as identified in Part II 3, and after
review
iii.
Propose Avoided Costs to be used in demand-side resource acquisition activities.
The DPS will update Avoided Costs used in EEU program and measure screening and
estimates of economically achievable energy efficiency potential as appropriate.
Such updates shall be filed with and approved by the Board after an opportunity for
interested parties to file written comments and request a technical workshop.
iv.
Participate in and facilitate, where necessary, EEUs participation in a Long Range
Transmission Plan, as required under Docket 7081 and identified in Part II 6 of this
document.
v.
June 23, 2008
Participate in the development of EEU Annual Plans as described in Part V 13
29
Provided Without Prejudice
vi.
Develop, in collaboration with EEUs and DUs, guidelines specifying eligible demand
response applications and economic screening procedures for EEU treatment of
demand response; as identified in Part I 2 H of this document.
vii. Develop Statewide DSM Screening Tools to be used by an EEU when assessing the
cost-effectiveness of efficiency measures, as described in Part V 21.
viii. Provide recommendations concerning areas of the state to be targeted for increased
efficiency services to address transmission and distribution constraints.
B. Evaluation Responsibilities
i.
Collaborate with EEUs to expand and update EEU Technical Reference Manual, as
identified in Part II 7 A.
ii.
Conduct market characterization and baseline studies as described in Part II 7 B.
iii.
Conduct impact and process evaluations as it deems necessary, as described in Part II
7 F and Part II 7 G, respectively.
iv.
Act as independent evaluator for purposes of an EEU’s Forward Capacity Market
participation (Part I 2 I) and fulfillment relevant of ISO-NE requirements.
v.
As part of EEU Long-Term Demand Resources Plan, develop evaluation plan
identifying evaluation priorities and proposed evaluation budget.
vi.
Certify annual EEU performance to the Board.
C. Regulatory Process Responsibilities
i. Develop demand-side resource goals and associated budgets for, guided by the
objectives and criteria of 30 VSA §218c, §209(d), §209(e), §202(a), and other
applicable sections of Vermont statutes, as identified in Part II 2 D v.
ii. Participate in Overall Performance Assessment, End of Cycle Reconsideration of
Appointment, and any other Board proceedings and provide comment and, as noted in
Part II 4 C ii and Part II 5 C iv, respectively
June 23, 2008
30
Provided Without Prejudice
(a) Should cause require at a different time than the Overall Performance Review or
End of Cycle Reconsideration, request that the Board initiate review of EEU
Appointment, as identified in Part II 5.
iii. Conduct annual savings verification, as described in Part II 7 E and submit reports to
the Board.
iv. Review Quantifiable Performance Indicators and prepare recommendation regarding
findings and any appropriate adjustments to be submitted to the PSB. Part II 3 D ii
v. Responsibilities related to Non-Resource Acquisition Compensation
vi. Participate in VSPC process, as outlined in the Memorandum of Understanding in
Docket 7081, to determine areas for geotargeted efficiency program focus.
vii. Approve any EEU provision of assistance to CHP projects over 500 kW, as described
in Attachment A 2 c.
D. Administration Responsibilities
i. Maintain protocols for addressing and resolving complaints concerning performance of
its responsibilities from customers and stakeholders and ensuring overall service
quality. Parts V 4, V 15, and V 24.
ii. Jointly with EEUs and Vermont Utilities, establish information and data protocols for
the efficient exchange of information as described in Part V 8.
iii. Develop jointly with EEUs, monthly, quarterly, and annual reporting protocols as
described in Part V 11.
iv. Ensure no unfair advantage was gained by an EEU due to its relationship with a
customer if an EEU bids to perform performance contracting services to one of its
customers, as described in Part V 23.
v. Oversee the EEU Facilitator.
June 23, 2008
31
Provided Without Prejudice
4. Distribution Utilities
A. DUs shall support and cooperate in good faith with the EEU to achieve the effective
delivery of, and savings from, the programs and services implemented by the EEU.
B. Collect EEC as per PSB Rule 5.300.
C. Participate on EEU Advisory Committee.
D. Participate in the VSPC.
E. Coordinate with EEUs in connection with Demand and Load Response.
F. Coordinate with the EEUs in connection with EEU CHP activities.
G. Coordinate with the EEUs in the performance of detailed NTA Analysis.
H. Coordinate with the EEUs in the development of long-term forecasts of efficiency savings
levels for use with the VSPC.
I. Coordinate with the EEUs in the conduct of DUP and transmission planning
J. Although the EEU is deemed to satisfy the DSM obligations of DUs, individual DUs
voluntarily may design and implement their own DSM programs and services. Any such
additional DSM programs and services shall not conflict with the services delivered by the
EEU. The costs of any such additional programs delivered by a DU will be borne by the
DU and will be eligible for recovery pursuant and subject to traditional ratemaking
principles and applicable DSM Cost Recovery Mechanisms.
5. Transmission Utility
A. Participates in the VSPC.
B. Coordinates with the EEUs in the performance of detailed NTA Analysis in connection with
transmission planning.
C. Coordinates with the EEUs in the development of long-term forecasts of efficiency savings
levels for use with the VSPC and in the preparation of long-term transmission plans.
June 23, 2008
32
Provided Without Prejudice
Part _V. Administration
An EEU is responsible for the maintenance, ongoing development and monitoring of its own
management and operational systems, including: (1) general project management; (2) budgeting;
(3) financial management; (4) contract management; (5) customer dispute resolution; and (6)
information technology system management and data collection. An EEU shall maintain and
enhance as it deems appropriate a management reporting system that enables its management to
ensure proper control over its operational activities and strategic direction and facilitates the
preparation of required reports and evaluation of its performance as an EEU.
It shall be the goal, when interpreting any Order of Appointment, that an EEU identified in such an
Order, unless already a “company” defined under 30 V.S.A. § 201 pursuant to the following
sections of Title 30, would be subject to the jurisdiction of the Board to the same extent as a
“company” so defined under Section 201:
June 23, 2008
i.
§ 18 - Production and examination of books; subpoena of witnesses
ii.
§ 19 - Board’s ability to hire experts
iii.
§ 20 - DPS and Board ability to hire experts
iv.
§ 21 - Bill-back statute
v.
§ 30 - Penalties for not providing access to records or violating statutes or board
orders
vi.
§ 31 - Ability to take depositions
vii.
§ 32 - Ability to use injunctions
viii.
§ 203 - Jurisdiction of the PSB and DPS and examination of plant, equipment
ix.
§ 205 - Duty to furnish copies of contracts
x.
§ 206 - Information to be furnished the DPS
xi.
§ 207 - Reports of accidents; investigations
xii.
§ 208 - Complaints; investigations; procedures
xiii.
§ 209 - The Board’s Jurisdiction; general scope
33
Provided Without Prejudice
xiv.
§ 219 - Non-discrimination
xv.
§ 221 - Forms of books, accounts, records; Board orders
1. Budgeting.
An EEU shall develop, monitor and manage the overall budget for its operation. Budget and
forecast categories and the detail of breakdown shall be as specified by the Board.
2. Financial Management
An EEU shall maintain the necessary budgeting, invoicing, expenditure approval, payroll, and
financial accounting systems to review, approve, and track budgets, invoices and payments
associated with carrying out the responsibilities of the Appointment. An EEU shall maintain
financial and accounting records consistent with Generally Accepted Accounting Principles
consistently applied. An EEU shall provide information and documentation required for an OMB
A-133 audit, which an EEU shall have performed on an annual basis as required by law. The
Board may prescribe the forms of all books, accounts, papers and records of an EEU which shall
keep and render its books, accounts, papers and records accurately and faithfully in the manner and
form prescribed by the Board. An EEU shall comply with all orders and directions of the Board
relating to such books, accounts, papers and records consistent with the terms of 30 V.S.A. § 221.
3. Contract Management
The EEU may deliver services directly and/or through contractors, and in any case shall be
responsible for the effective delivery of such services. An EEU shall solicit, hire and/or contract
with all necessary staff and subcontractors to effectively perform the responsibilities of the
Appointment. An EEU shall maintain the administrative capability to manage these resources,
ensure the completion of each task and sub-task effectively, and ensure that subcontractors are
compensated in a timely manner.
4. EEU’s Dispute Resolution Process
June 23, 2008
34
Provided Without Prejudice
In conjunction with the Director of the Consumer Affairs and Public Information Division at the
DPS, an EEU shall maintain protocols for addressing and resolving complaints concerning
performance of its responsibilities from customers and stakeholders such as electric utilities and
subcontractors. Said protocols shall establish a process for quickly bringing such disputes to a
resolution. To facilitate the resolution of disputes, provisions regarding the Board’s continuing
jurisdiction over an EEU should be included the Appointment and the Docket where the
Appointment is made should be kept open in order to provide the Board continuing jurisdiction to
act in all matters respecting the activities and services of an EEU, where appropriate. Customer
complaints involving the EEU should also be subject to resolution in accordance with the
procedures established under 30 V.S.A. § 208.
5. Information Technology, Data Collection, Reporting
An EEU shall maintain and enhance, as it deems necessary and or appropriate, information
technology and data collection and reporting systems. Information in this system shall include, but
not be limited to, tracking data on customers, energy product and service providers, service
activity, projects, measures, costs and savings. The system shall have the capability to satisfy an
EEU’s planning requirements and to work with Vermont Utilities in all activities as required under
the Appointment. The system shall have the ability to produce ad hoc reports for information
requests from the Board and the DPS.
6. Manage Customer-Specific and Competitively-Sensitive Information
The EEU shall be responsible to ensure that confidential information provided to the EEU,
including but not necessarily limited to customer-specific information supplied by a DU, is not
disclosed by the EEU to unauthorized entities or personnel.. An EEU shall maintain a Confidential
Information Management System. The purpose of this system is to provide appropriate protections
in the collection, processing, storage and retrieval of information that is customer-specific or could
otherwise provide an unfair competitive advantage to an entity engaged in the provision of energy
services outside the scope of responsibilities of the Appointment. An EEU shall be responsible for
managing this system. When appropriate an EEU may provide customer-specific and/or
competitively-sensitive information to its employees, EEU contractors, regulators, and DUs. Any
June 23, 2008
35
Provided Without Prejudice
EEU contractors given such information shall also protect its confidentiality and shall agree in
their contract(s) with an EEU (1) to abide by the guidelines detailed in the Confidential
Information Management System referenced above, and (2) not to provide any confidential
information to affiliates not directly involved with EEU activities.
Regardless of whether an EEU follows its system for managing confidential information, an EEU
is solely responsible for the intentional or accidental release of any confidential information. An
EEU agrees to indemnify the Board for any claims resulting from the release of any confidential
information.
7. Data Collection
An EEU shall collect and electronically compile data that is: (1) directly related to its energy
service planning and implementation activities; (2) easily obtainable by an EEU as part of its
routine implementation and planning activities; and (3) needed to monitor, assess, verify, and
evaluate its performance, to report on its activities, and to improve the planning, design and
delivery of services. Data from Vermont Utilities, subcontractors and employees shall be collected
and stored electronically in a consistent format in the following categories:
A. Customer/Client/Circuit Data;
B. Planning and Forecasting Data:
C. Customer Usage Data including circuit data;
D. Measures and Services Data;
E. Data on Other Relevant Persons, Businesses or Organizations;
F. Distribution Utility Account Data; and
G. Other Data for Market Assessment and Evaluation Purposes.
An EEU shall make this information available to the Board, the DPS, the Vermont Utilities, and
any independent evaluation firms under contract to the Board or the DPS, subject to the
establishment of reasonable confidentiality procedures.
An EEU shall coordinate, manage and secure all such data identified in the above list that it needs
to obtain from the Vermont Utilities. If a Vermont Utility is not reasonably responsive to a request
June 23, 2008
36
Provided Without Prejudice
for information from an EEU after a reasonable period of time, then an EEU may ask the Board to
resolve the dispute.
The parties agree that this paragraph is not intended to require an EEU to secure data from
Vermont Utilities that fail to respond to such requests for information.
8. Vermont Utilities Planning and Ratemaking Support Data
An EEU shall gather particular data elements for use by Vermont Utilities in planning and
ratemaking. Upon reasonable request, an EEU shall provide DUs and VELCO with reasonable
estimates of electricity savings resulting from EEU operations, including information or
assumptions an EEU collects or develops as a matter of course in its normal business activities.
The EEUs shall work with the DPS and the Vermont Utilities to establish reasonable information
and data protocols for the efficient exchange of information.
9. Administrative and Financial Data
An EEU shall keep records of administrative and financial data consistent with Generally
Accepted Accounting Principles consistently applied as defined by the Board, Governmental
Accounting Standards Board and the Financial Accounting Standards Board. This includes
systems to track general project management, invoicing, payroll and contractor payments, and to
produce the necessary reports for monitoring these duties. The DPS and the Board shall be
provided access to this data as may be required by the DPS or the Board.
10. Data System Documentation/User's Manual
An EEU shall maintain, and update as necessary, the documentation of the Customized Software
used for data tracking and reporting. An EEU shall provide notice to the Board and the DPS with
any substantive changes to this data system documentation.
11. Required Reports
June 23, 2008
37
Provided Without Prejudice
An EEU shall prepare and submit Monthly, Quarterly and Annual Reports as further specified in
the Order of Appointment. In developing reporting requirements, the Board shall consider the
reports currents being provided under the contract model. In addition, the Board shall consider any
additional or alternative reporting that might better satisfy the needs of the Board, the Fiscal
Agent, the DPS, the Vermont Utilities, and / or simplify or clarify the presentation of information,
and/or lower the costs of reporting. Such additional reporting would address the needs of Vermont
Utilities for information on resource acquisition in designated geographically targeted areas.
12. Information Requests
An EEU shall respond in a timely and complete manner to any information requests regarding
budgets, expenditures, savings, and activities submitted by the Board, the Fiscal Agent, the DPS or
a Vermont Utility. An EEU shall also respond in a timely and complete manner to any information
requests submitted by members of the Vermont General Assembly or legislative staff, including
providing legislative testimony on EEU -related activities or energy issues when requested.
13. Annual Plan
An EEU shall prepare and submit to the Board an Annual Plan by November 1 of the preceding
year. However, an EEU shall not be required to prepare an Annual Plan for any period beyond the
period of its Appointment.
In these Plans, an EEU shall summarize market intervention strategies, service offerings, markets
initiatives and other planned implementation activities for the coming year. These components
shall be presented as part of an integrated market strategy for each of the two primary market
sectors: Business and Residential. These plans shall be developed in consultation with the DPS
and the Vermont Utilities. In developing these Annual Plans, an EEU shall also make full use of
the following information:
A. reports from an EEU market assessment and evaluation activities undertaken by the DPS;
B. the EEU’s formal Quality Assurance system (including participant satisfaction/feedback
records);
C. feedback from subcontractors;
June 23, 2008
38
Provided Without Prejudice
D. ongoing, informal feedback from individual participants;
E. ongoing solicited and unsolicited input from business, professional and trade associations,
trade allies, and other groups with which an EEU interacts over the year; and
F. the EEU’s knowledge of regional and national information regarding energy efficiency
technologies and opportunities, program experience and evaluation results.
14. Coordination of Service Delivery with BED
Any other EEU shall make every reasonable effort to coordinate with BED’s EEU selfadministration within BED service territory, consistent with the Board’s August 1, 2002 “Decision
in re: Report of the Department of Public Service to the Board on Vermont’s Energy Efficiency
Utility” (pp. 5-7); the Board’s Orders in Docket 5980. An EEU shall maintain ongoing
coordination agreements with BED. An EEU shall also attempt to negotiate a cost-sharing
agreement with BED which recognizes (1) that parallel or overlapping efforts may be more
efficiently and economically performed by either BED or an EEU on behalf of both entities, and
(2) that many services and activities that an EEU necessarily provides on a statewide basis fulfill
or reduce certain of BED’s obligations related to delivery of EEU services in BED service
territory. This cost-sharing agreement between an EEU and BED shall provide a mechanism for
fair exchange of compensation for EEU services among the two entities.
Any disputes between another EEU and BED regarding the coordination efforts or compensation
detailed above shall be mediated by the Board.
15. Quality Management
An EEU shall implement quality management processes and maintain quality assurance standards
and procedures, to be set forth by an EEU in a written Quality Assurance Plan, copies of which
shall be provided to the Board, and the DPS. An EEU shall ensure that both direct employees and
contractors apply the quality assurance standards and methods set forth in the Quality Assurance
Plan. Any substantive changes to the Quality Assurance Plan shall be provided to the Board and
the DPS. The Quality Assurance Plan shall include the dates for submission of Quality Assurance
Reports.
June 23, 2008
39
Provided Without Prejudice
16. Coordinate With Other Energy Efficiency Activities
An EEU shall coordinate its EEU activities with those of state, regional and national energy
efficiency efforts, including (1) the U.S. Department of Energy/ Environmental Protection Agency
Energy Star Program; (2) Northeast Energy Efficiency Partnerships; (3) the Vermont
Weatherization Assistance Program; (4) the School Energy Management Program of the Vermont
Superintendents' Association; and (5) the Act 250 process (10 V.S.A. §§ 6081-6092). Other state,
regional or national initiatives or organizations may emerge in the future; an EEU shall be
expected to evaluate the potential benefits of those efforts and coordinate with and participate in
them in a manner that is consistent with an EEU’s mission and the State’s policy objectives for
energy efficiency.
17. Coordinate With Vermont Utilities
An EEU shall coordinate with any demand-side resource acquisition planning or implementation
carried out by Vermont Utilities on their own behalf (e.g., voluntary programs provided by a DU in
its own service territory), where appropriate. An EEU shall also coordinate with Vermont DUs to
determine whether power quality and power factor may be affected in situations in which the
application of demand-side resource technologies might have a significant material impact on the
integrity of a distribution or transmission utility’s transmission and distribution system or a
customer's facility. If problems are identified, an EEU shall cooperate with the affected Vermont
Utility and/or customer to resolve the problem.
18. Working with and Through Vermont Product and Service Providers
To both achieve resource acquisition and accomplish the Board's market transformation goals, an
EEU shall work with and through Vermont providers of energy-related products and services,
including design professionals (architects, engineers and designers), energy service providers,
contractors, retailers, distributors, suppliers and manufacturers. An EEU shall strive to affect
critical decision points in the supply chain that impact energy efficiency decisions in the
marketplace by providing targeted, strategic support to these Market Actors, including, but not
limited to:
A. training and education to build efficiency-related skills and knowledge;
June 23, 2008
40
Provided Without Prejudice
B. project-specific technical assistance;
C. provision of software, design guides, manuals and other technical resources;
D. promotion to consumers of the products and services offered by these providers; and
E. financial incentives to these providers to overcome specific market barriers.
In carrying out this work an EEU shall seek to expand the availability of energy-saving products
and services available from Vermont providers and seek to increase the standard-practice levels of
efficiency in these products and services. In providing EEU services, an EEU shall not use its own
employees to provide any design or engineering services that are required to be provided by
licensed professional architects and engineers, and shall not provide certifications of designs or
engineering that assume professional liability.
19. Installation of Measures
An EEU shall promote, utilize and support the development of the broad network of Vermont
businesses to provide for the installation of demand-side resource measures. An EEU will rely on
this network of building, electrical, mechanical, HVAC, and other contractors to provide and
install measures.
20. Develop Independent Funding Sources
An EEU shall, to the best of its ability, facilitate the development of, and/or develop, independent
funding mechanisms that leverage non-EEU funds (such as grant and Federal funds) that will
increase the acquisition of cost-effective demand-side resources. An EEU shall develop and
implement mechanisms to help overcome lack of customer access to financing for demand-side
resource investments so that customer contributions to measure costs can be maximized consistent
with the Board’s principles of sound program design.
21. Cost-Effectiveness Screening
When assessing the cost-effectiveness of efficiency measures, an EEU shall utilize the Societal
Test as further described by the Board in its April 16, 1990 Order in Docket No. 5270. An EEU
shall use statewide cost-effectiveness screening tools provided by the DPS in its planning and
June 23, 2008
41
Provided Without Prejudice
implementation activities. An EEU shall incorporate the externality values provided by the Board
and shall incorporate in its screening tools, as well as any new avoided costs and externality
adjustments approved by the Board, but shall not be responsible for development, maintenance,
distribution or support of statewide cost-effectiveness screening tools other than for the EEU’s
own use and convenience in carrying out the responsibilities of the Appointment. The Board shall
provide a reasonable amount of time for an EEU to implement any new avoided costs or
externality adjustments approved by the Board.
An EEU shall keep current documentation on all measure and program assumptions. Changes to
existing measure characterizations and program assumptions, and all assumptions for new
measures and programs, shall be coordinated with the DPS. All changes shall be documented in
the Technical Reference Manual, including the basis for the new assumption. An EEU shall
provide annually the Technical Reference Manual to the Board, DPS and the Vermont Utilities.
An EEU shall provide on an ongoing basis any substantive changes in the TRM to the Board, DPS
and the Vermont Utilities.
22. Support for State Resource Planning, Market Assessment and Evaluation Activities
An EEU has primary responsibility, unless otherwise directed by the Board, for determining
whether and to what extent it will collect, compile, and assess information on the characteristics
and current status of markets targeted by current strategies and markets that are potential targets
for new strategies and service offerings. This information may include changes or expected
changes in these markets, opportunities for emerging energy efficiency technologies and practices,
and the status and progress of EEU -funded programs in capturing the potential for cost-effective
energy savings. An EEU’s responsibilities with respect to collecting information related to market
transformation effects shall be limited to data about its efforts (e.g., an EEU will collect
information about its installations, but is not responsible, for example, for collecting information
about awareness of new energy efficient technologies among Vermont residents).
An EEU shall provide data and information collected under this Paragraph to support the DPS’s
demand-side management resource planning and evaluation activities, in particular, the DPS’s
obligation to conduct EEU program evaluation and the DPS’s evaluation of an EEU’s
June 23, 2008
42
Provided Without Prejudice
performance, market conditions, and available demand-side resource potential. In addition, an
EEU shall be available for consultation with the DPS regarding the development of the DPS’s
Twenty Year Electric Plan, pursuant to 30 V.S.A. § 202. An EEU shall also cooperate to the best
of its ability and within its budget constraints in the identification and prioritization of information
needs and the exchange of information with the Board and DPS as necessary to effectuate strategic
planning, multi-year program planning and budgeting, market assessment, and program evaluation.
23. Limitations on Performance Contracting
If an EEU or any of its contractors advises a customer to use performance contracting and the EEU
or its contractor desires to bid for that contract, said EEU or its contractor shall notify the Board
and DPS in advance of submitting a bid. The Board or DPS may contact the customer and/or use
other mechanisms to ensure that said EEU, or its contractor’s relationship with said EEU, does not
give either of them an unfair advantage in the bidding process.
24. Standards of Performance
An EEU shall perform the responsibilities of the Appointment consistent with all service quality
requirements set forth in the Appointment, and applicable professional standards, to the reasonable
satisfaction of the Board.
June 23, 2008
43
Provided Without Prejudice
25. Intellectual Property
The State shall have ownership of that intellectual property, including but not necessarily limited
to logos, databases, trademarks, service marks, copyrightable material, the trade name “Efficiency
Vermont,” computer software, surveys, survey results and program designs, which is acquired or
developed by the EEU for use in Vermont and is necessary to the success of the System-wide
Programs approved by the Board for EEU implementation. The order of Appointment shall specify
that property which shall be owned by the State. Such order shall state that upon termination
without renewal, the Board may authorize a different entity selected to be the EEU to use such
property. Customer-specific or proprietary information contained in any such property to be
owned by the State shall be considered exempt from public disclosure pursuant to 1 V.S.A. §
317(b)(9) and/or (10).
26. No Agency Relationship
The issuance of an order of Appointment shall not create any agency relationship between the EEU
and the State or between the EEU and any DU.
Part _VI. Compensation, Revocation and Termination
For the entire term of the Appointment, an EEU shall coordinate its activities and the fulfillment of
the responsibilities of its Appointment with the Fiscal Agent, the DPS and other entities that may
be specified by the Board.
1. Compensation
In consideration of the fulfillment of the responsibilities of Appointment, the Board shall authorize
an EEU that is not already a “company” as defined by Title 30 to receive payments in accordance
with the payment provisions detailed below. An EEU should be afforded the opportunity to
recover just and reasonable, prudently incurred, costs and expenses accrued in the provision of
services and initiatives under an Appointment, and to earn a fair return. The Board may establish
procedures to afford an EEU the opportunity to earn incentive revenues beyond the authorized
revenue requirement when performance exceeds predetermined performance metrics.
June 23, 2008
44
Provided Without Prejudice
A. The maximum amount payable to an EEU shall be the Allowable EEU Funds established
by the Board for a specific EEU. This maximum amount is inclusive of all eligible costs,
expenses and all earned performance incentives. The source of said funds shall be the
amount of EEU EEC Funds and any other funds under the jurisdiction of the Board that
have been allocated for the purposes outlined herein.
B. Two types of compensation shall be provided to an EEU: (i) Non-Resource Acquisition
Compensation and (ii) Resource Acquisition Compensation. Both types of compensation
shall be provided from Allowable EEU Funds set for that EEU, but the basis of
compensation is different for each.
i. Non-Resource Acquisition Compensation
(a) Non-Resource Acquisition Compensation shall be provided to an EEU for certain
Eligible Services and Initiatives specifically designated in the Order of
Appointment, and any subsequent modifications made by the Board.
(b) When the Board establishes year-by-year EEU Budgets through adoption of
Efficiency Resource Plans, a portion of the total EEU Funds will be designated for
Non-Resource Acquisition Compensation. The first three years of each cycle of
Non-Resource Acquisition Compensation budgets will be associated with specific
services and initiatives to be provided during that three-year period. Once
established, these three-year Non-Resource Acquisition Compensation budgets shall
be treated as a single three-year budget.
(c) An EEU shall propose specific three-year services and initiatives for Non-Resource
Acquisition Compensation as part of the process of adopting the EEU Long-Term
Demand Resources Plan. This proposal shall include a proposed overall budget, as
well as a cost estimate for each major service and initiative. As part of adopting
long-term Efficiency Resource Plans, the Board shall approve, after notice and
opportunity for comment, three-year Non-Resource Acquisition Compensation
budgets that correspond with these three-year services and initiatives. The Board
may assign not-to-exceed amounts for specific items.
(d) The Board shall establish Quantifiable Performance Indicators for the services and
initiatives that to be funded with Non Resource Acquisition Compensation. The
June 23, 2008
45
Provided Without Prejudice
Board shall also establish a reasonably balanced system of risks and rewards that
encourages the EEU to operate as efficiently as possible using sound management
practices while seeking to maximize the net-benefits to be afforded via the EEU for
Vermont’s electricity consumers.
(e) In the event that additional unforeseen services are required or other circumstances
beyond the EEU’s control require reconsideration of the three-year budget for NonResource Acquisition Compensation, the Board may, after opportunity for public
comment, increase the overall budget for Non-Resource Acquisition Compensation
by
(i) allocating the additional funds required and proportionately adjust the resource
allocation goals through a scaling formula, or,
(ii) asking the EEU to book and defer the costs with a commitment to reimburse
them out of a future budget. If the Board opts for this form of reimbursement,
an EEU may, if it deems that the costs of deferral are too fiscally burdensome or
risky, decline to perform the additional service(s).
(f) An EEU’s Non-Resource Acquisition Compensation shall compensate an EEU for
all eligible costs, as defined further below, incurred to undertake the approved NonResource Acquisition services and initiatives.
(g) Eligible Services and Initiatives shall be specifically defined for each three-year
Non-Resource Acquisition Compensation budget period and shall include, but not
be limited to the following:
(i) Technical assistance and educational support for energy code activities as
further described in Part I, section 2.J.
(ii) Contribution and support to DPS potential studies, forecasts and plans as further
described in Part I section 2.H.
(iii)Support for DPS Evaluation activities as further described in Part II section 9.
(iv) DUP and transmission planning activities as further described in Part I section
2.F.
(v) VSPC participation as further described in Part I section 2.G..
(vi) ISO-NE Forward Capacity Market participation as further described in Part I
section 2.I.
June 23, 2008
46
Provided Without Prejudice
(vii)
Applied R&D activities as further described in Part I section 2.N.
(viii) Training and workforce development activities as further described in Part I
section 2.Q.
(ix) Public Energy Information and Education activities as further described in
section 2 P.
(x) Quality Management activities as further described in Part V, section 15.
(xi) Energy Education in Schools and colleges as further described in Part I section
2.R.
ii. Resource Acquisition Compensation
(a) Resource Acquisition Compensation shall be provided to an EEU for services and
initiatives that acquire demand-side resources specified in Efficiency Resource
Plans (e.g., MW, MWh, TRB).
(b) When the Board establishes year-by-year Resource Acquisition budgets through
adoption of Efficiency Resource Plans, such budgets shall be the total Allowable
EEU Funds available for each three year period, less the portion set aside for any
performance-based payments, less the budgets for Non-Resource Acquisition
Compensation.
(c) From the funds available for Resource Acquisition Compensation, an EEU shall be
provided Resource Acquisition Compensation for EEU’s eligible costs.
C. Of the total budget for the three-year period following establishment of the budget, a
percentage specified by the Board shall be held back and set aside for performance-based
payments that may be earned only by an EEU’s attainment of Quantifiable Performance
Indicators, as described in Part II, section 3.
D. The award and amount of performance-based incentives to an EEU shall be determined by
the Board based upon a reasonably balanced system of risks and rewards that encourages
the EEU to operate as efficiently as possible using sound management practices while
seeking to maximize the net-benefits to be afforded via the EEU for Vermont electricity
consumers including:
i. The EEU meeting Minimum Performance Requirements, as further described in Part II,
section 3.B. and 3.D.ii.; and
June 23, 2008
47
Provided Without Prejudice
ii. The degree to which the EEU has met Scaled Performance Indicators as described in
Part II, section 3.D.i and 3.D.ii.
E. Eligible Costs and Expenses
i. Subject to the limitations of the budget, as described above, an EEU shall be
compensated for reasonable and appropriate labor and expenses incurred in fulfilling
the responsibilities of the Appointment. Compensation for such services and expenses
shall be based on an EEU’s actual costs incurred.
ii. An EEU’s actual costs shall include: wages or salaries of staff working directly to
fulfill the responsibilities of the Appointment; fringe-benefit and payroll-related costs
associated with such wages and salaries; an equitable allocated share of the An EEU’s
organization-wide indirect costs; any and all out-of-pocket costs (e.g.,
telecommunications, travel, copying/printing, postage/delivery, marketing, equipment)
directly attributable to performing the responsibilities of the Appointment; mileage
reimbursement at the Internal Revenue Service-approved rate only for use of a personal
motor vehicle; any and all costs to develop and produce Customized Software; any and
all subcontractor costs directly attributable to fulfillment of the responsibilities of the
Appointment; funds disbursed to program participants (e.g., financial incentives,
cooperative marketing); and other reasonable and appropriate costs that the An EEU
incurs to fulfill the responsibilities of the Appointment. An EEU shall use the guidelines
established by the Federal Government for Federal cost reimbursable grants, or other
comparable standards agreed upon by the Board, as the basis for determining whether
or not a particular direct or indirect cost item incurred under the Appointment is
reasonable and appropriate. Such Federal guidelines are contained in OMB Circular A122 dated May 10, 2004 and as may be amended in the future by the Office of
Management and Budget.
iii. An EEU shall be authorized to earn a return. The return may be based on a percentage
return on the EEU’s revenues or expenses in lieu of earning a return on rate base.
iv. In addition to the above costs, an EEU shall also be reimbursed its actual reasonable
cost as charged by a lending institution under the an EEU’s credit facility line of credit
with that lending institution, to borrow funds to finance any eligible costs and expenses
reasonably incurred and paid for by the an EEU prior to receiving its monthly payment
June 23, 2008
48
Provided Without Prejudice
from the Fiscal Agent or due to a shortfall in funds available from the Fiscal Agent.
Failure of the Fiscal Agent to pay an approved EEU invoice on a timely basis due to
the lack of available funds shall not constitute an acceptable basis on which an EEU
may terminate an Appointment; however, a material failure of this type may (if of such
magnitude and duration as to impede or prevent expected operations) constitute
grounds for modification or reduction of an EEU’s obligations under the Appointment
(but only to the extent directly required by such delay or failure of payment).
v. The Appointment for any EEU shall establish the following items:
(a) The types of costs that constitute an EEU’s fringe-benefit and payroll-related costs
and an EEU’s organization-wide indirect costs; and
(b) The method for allocating an equitable share of an EEU’s fringe-benefit and
payroll-related costs and an EEU’s organization-wide indirect costs.
(c) Any modifications to the above two items shall only be implemented upon approval
of the Board.
(d) Any appropriate EEU revenue and cost separations, assignments and allocation
policies and procedures to govern the EEU’s eligible share of any organizationwide revenues or costs.
(e) Any appropriate EEU jurisdictional separations for implementing entities that
provide services subject to other regulatory jurisdictions.
vi. Notwithstanding the above, all eligible costs, expenses and fees paid to an EEU are
subject to the Total Compensation limitation.
F. Invoice Requirements
i. An EEU shall submit monthly invoices of eligible costs and expenses for payment by
the 25th day of the subsequent month, or the next business day if the 25th is not a
business day. All invoices shall, at a minimum, include the name, address, and tax I.D.
number of the EEU; an itemized summary identifying and describing the activities
performed and expenses incurred; the amount claimed for each task or expense
category; and the total amount of the invoice. Invoices shall clearly separate requests
for compensation for labor expenses and other expenses including payments to
contractors, and reimbursement for funds disbursed to EEU program participants. The
form of the invoice shall be agreed upon by the EEU and the Board.
June 23, 2008
49
Provided Without Prejudice
G. Invoice Submission and Review
i. An EEU shall submit invoices for review and payment by the EEU Facilitator,
ii. Payment of Invoices
(a) Unless instructed otherwise by the Board, disbursements by the Fiscal Agent will
be made once each month; the Fiscal Agent will pay monthly invoices by the last
business day of the following month.
(b) The parties understand that the Fiscal Agent may not have collected adequate funds
from the distribution utilities in a particular month to pay EEU invoices in full. In
order to be made aware of these shortfalls, the Board will direct the Fiscal Agent to
inform EEUs on a monthly basis of the total funds available to pay EEU invoices.
The total funds available shall be the Allowable EEU Funds collected to date. Any
unpaid EEU invoices from prior months shall be paid first and then a partial
payment shall be made on EEU’s current monthly invoices. All EEU invoices shall
be paid in full, as funds become available.
(c) At any termination or expiration of the Appointment, an EEU will most likely still
be due payments for one or more monthly invoices and for any performance
incentives earned. In such a case, an EEU’s unpaid invoices shall be paid prior to
any payments being made to any other new entity that has been Appointed as a
replacement EEU.
H. Carryover of Funds. An EEU may carry over unspent funds from one year to the next. The
amount of any carryover funds shall be reflected in appropriate EEU reports, plans and
budgets.
I. Reliance by Board on Representations. All payments made under an Appointment will be
made in reliance upon the accuracy of all prior representations by an EEU, including but
not limited to bills, invoices, progress reports and other proofs of work.
2. Revocation or Termination of Appointment
A. Revocation For Cause
i. In the event that an EEU materially breaches the terms of the Appointment, the Board
may without prejudice to any of its other legal remedies revoke the Appointment upon
June 23, 2008
50
Provided Without Prejudice
written notice to EEU (period of advance notice to be determined) and be relieved of
the payment of any amount due to EEU for costs after the date of such revocation,
except as provided in Part VI. 2. D. Alternatively, the Board may, in its sole discretion,
provide an EEU with time to cure any breach.
ii. In the event an Appointment is revoked for cause, the Board may proceed in any
manner it deems proper. EEU shall be compensated for satisfactory services rendered
and eligible costs and expenses as provided in Part VI. 2.D; however, in its discretion,
the Board may deduct from any sum due to EEU under the Appointment, all expense,
damage or other harm incurred by the Board or its agents as a result of EEU’s failure to
perform its obligation under the Appointment
B. Revocation – Bankruptcy. In the event proceedings in bankruptcy are commenced against
an appointed EEU, it is adjudged bankrupt, or a receiver is appointed, the Board may
terminate the Appointment by giving notice in writing (period of advance notice to be
determined) to the EEU.
C. Termination by Board to Appoint a Different Implementing Entity, or to Terminate
Appointment of any EEU. As a result of the process outlined in Part 2, Sections 3, 4 or 6
the Board may terminate the Appointment of an EEU in order to appoint a different entity
to act as an EEU. The Board may also terminate an Appointment if it chooses to no longer
use an EEU to perform the functions identified in 30 V.S.A. §209(d). Any such termination
shall be effective no sooner than 18 months after notice of the Board to the affected EEU
of its determination to terminate the Appointment and subject to the conditions of
termination below.
D. Responsibility of Parties Upon Expiration or Revocation of Appointment
i.
An EEU shall provide reasonable transition assistance as requested by the Board to
the Board and any entity designated by the Board to ensure that the functions of an
EEU are continuously carried out without interruption. In such event, EEU agrees to
use all reasonable efforts to mitigate its expenses and obligations hereunder.
ii.
In the case of Revocation by Board under sub-paragraphs 2.A and 2.B above, the
EEU shall be compensated for all satisfactory services rendered and eligible costs and
expenses prior to the notice of termination and until the end of the termination notice
June 23, 2008
51
Provided Without Prejudice
period. The EEU shall be paid for all reasonable services rendered and costs and
expenses incurred by an EEU subsequent to revocation, but only for reasonable
transition assistance which could not, by reasonable efforts of an EEU, have been
avoided.
iii.
If this Appointment is terminated pursuant to subparagraph 2.C above, the EEU shall
receive all performance incentives that are earned and verified as of the date of such
termination. In addition, the EEU shall be entitled to make a claim before the Board
for an appropriate performance incentive to be paid to an EEU based on actual results
toward performance goals for the current performance period.
iv.
If this Appointment is terminated pursuant to subparagraph 2.C above, then the EEU
shall be entitled to make a claim before the Board to reimburse the EEU for costs
incurred as a result of termination. Any obligation to reimburse an EEU for the above
costs and performance incentives will be limited to available funds.
v.
All costs to be reimbursed to an EEU for either termination without good cause under
Part IV. 2. A or termination under Part IV 2. B or C shall not exceed any of the limits
detailed above, shall be limited to the actual reasonable out-of-pocket costs incurred
by an EEU, and shall be determined in accordance with Generally Accepted
Accounting Principles consistently applied.
vi.
All electronic data and the most recent five years’ worth of paper records related to
Work performed under this Appointment in the possession of an EEU and its
subcontractor(s) shall be made available and turned over to the Board or its
designated representative upon the revocation or termination of an Appointment, at
the Board's request. These transfers shall be accomplished within a reasonable
amount of time after the dates of notification to an EEU to transfer the data and
documents. However, an EEU and its subcontractor(s) must be provided with any
records and data that it will need to undertake any transition assistance after these
records and data have been turned over to the Board.
vii. It is expected that, on the date of any termination of Appointment, an EEU will have
outstanding contracts for customer incentive payments. The EEU shall be relieved of
those obligations from the date of termination forward, but shall remain responsible
for (a) all payments due up to the time of termination, and (b) all liabilities arising
June 23, 2008
52
Provided Without Prejudice
from any disputes arising from such contracts up to the time of termination. The
responsibility for customer incentive payments from the date of termination forward
will be assigned by the Board to the new entity serving as an EEU, or the DUs if
appropriate should there be no successor EEU.
viii. It is expected that, on the date of any termination of Appointment, an EEU will have
outstanding commitments made as part of its responsibilities as an EEU, including,
but not limited to loans, loan guarantees, partnership agreements and committed
capacity in the ISO-NE FCM. The EEU shall be relieved of those obligations from
the date of termination forward, but shall remain responsible for (a) all payments due
up to the time of termination, and (b) all liabilities arising from any disputes arising
from such contracts up to the time of termination. The responsibility for these
obligations from the date of termination forward will be assigned by the Board to the
new entity serving as an EEU, or the DUs if appropriate should there be no successor
EEU.
Part _VII. Definitions
When capitalized and italicized, whether in the singular or plural, the following words and phrases
shall have the following meanings in constructing the Appointment.
1. Allowable EEU Funds means the total amount of EEU EEC Funds and any other funds under
the jurisdiction of the Board that have been allocated for the purposes specified in the Order of
Appointment.
2. Appointment means the appointment of an entity by the Board, as further described in 30 VSA
§209 (d)(2), to act as an energy efficiency utility, carrying out the responsibilities established
in an Order of Appointment under the terms and conditions set forth in the Order of
Appointment, and any subsequent Orders of the PSB related to the appointment.
3. BED means the City of Burlington Electric Department.
4. Board or PSB means the Vermont Public Service Board identified in 30 V.S.A. § 3.
June 23, 2008
53
Provided Without Prejudice
5. Customer Credit Net Pay Option Available Incentive Funds are the total funds available to
customers who qualify under the Customer Credit program pursuant to Board Memorandum
dated January 27, 2004. These are the EEC Funds that are rebated back to the qualifying
customers and are not available as compensation to an EEU to perform the responsibilities of
the Appointment.
6. Comprehensive energy efficiency program means a coordinated set of activities carried out by
a regulated electric or gas utility or other entity as appointed by the Board pursuant to 30
V.S.A. §209(d) to meet the public’s need for energy services through efficiency, conservation
or load management in all customer classes and areas of opportunity which is designed to
acquire the full amount of cost effective savings from such investments or programs as
contemplated under 30 V.S.A. §218c(a)(2).
7. Customized Software means any computer software that is not readily available for purchase
and that is modified, developed, and/or written by an EEU or its subcontractor(s) specifically
for the purpose of performing the responsibilities of the Appointment.
8. Demand Response means the provision of load management services designed to help DUs to
manage or control the demand from customers in response to supply conditions, including
having customers reduce their electricity consumption at critical times or in response to price.
9. Department or DPS means the Vermont Department of Public Service.
10. DSM means demand side management.
11. DSM Cost Recovery Mechanisms means the distinctive ratemaking for the recovery of costs
incurred by DUs in their provision of DSM programs and services. This ratemaking is designed
to provide DUs a reasonable opportunity to recover their costs associated with providing DSM.
Under the distinctive ratemaking, DUs are authorized to book as deferred costs the
expenditures attributable to their DSM program and services, subject to the requirements of
Paragraph 106 of the Docket No. 7081 Memorandum of Understanding dated September 6,
2006, and approved with condition by Order of June 20, 2007, if applicable.1 In addition, a
1
Paragraph 106 of the Docket No. 7081 MOU provides:
A DU shall be permitted to book, defer and seek recovery in a subsequent rate case for its incremental costs to
implement the terms and conditions of this MOU, subject to the following conditions:
June 23, 2008
54
Provided Without Prejudice
reasonable return will be added to the qualifying deferrable energy efficiency costs, from the
time of expenditure until the effective date of the first set of rates which reflect the deferred
costs. The reasonable return on allowable DSM costs will also be an allowable cost. The
resulting balance, including the reasonable return, will then be included in the DU’s test-year
costs in its next rate case, and either expensed, rate based, or amortized, as may be appropriate
for the particular category of cost.
12. Distribution Utilities or DUs means utilities providing retail electric service to Vermont
customers in Vermont under the supervision of the Board.
13. DUP means distributed utility planning.
14. EEC means the Energy Efficiency Charge, which is the volumetric charge to retail customers
of electric Distribution Utility customers for the support of demand-side resource acquisition
pursuant to 30 V.S.A § 209(d)(3) and Board Rule 5.300
15. EEC Funds means all funds collected via the EEC.
a.
The DU seeks and obtains an accounting order from the Board specifying the purpose and expected
duration of each of the expenditures and the actual or estimated incremental amount of costs anticipated to be
deferred and the total amount of all costs to be incurred, with an itemization of the costs for each expenditure;
b.
The deferred incremental costs in paragraph 106.a, above, are not otherwise being recovered by the
DU through rates and will not be capitalized with a project cost that will be subsequently recovered in rates.
Examples of incremental costs under this paragraph include but are not necessarily limited to the DU's
additional staffing costs, consulting costs, and possible incentive payments for in-state Generation which
qualify as Reliability Costs;
c.
If the benefits from actions undertaken to implement this MOU extend beyond the DU seeking an
accounting order, the DU shall disclose other beneficiary DUs and the amount of the costs allocated to each
such entity. In no event may a DU recover in rates costs reimbursed by other entities. In addition, the DU
shall not record reimbursable costs as deferrals on its books of account; such amounts shall be recorded as
Accounts Receivable with the credit chargeable to the original incurrence (expense or capital) accounts;
d.
The incremental costs that are the subject of the request for an accounting order are anticipated to
exceed $100,000. However, if after approval of the accounting order, the actual incremental incurred costs are
less than was originally anticipated by 10 percent or more and are less than $100,000, the incremental costs
shall be expensed; and
e.
Prudence, used and useful and other ratemaking principles shall apply when the DU requests
recovery of the deferred costs in future rates.
f.
This paragraph 106 shall be effective with Board approval of this MOU and shall be revisited no
later than July 1, 2009 to determine if it should be continued or discontinued.
Id. at 41-42.
June 23, 2008
55
Provided Without Prejudice
16. EEU means an entity appointed by the Board to act as an EEU under §209 (d)(2). The term
specifically includes BED so long as they have Board approval to self-administer EEU
responsibilities for their retail customers.
17. EEU Budget means the total budget approved by the Board for EEU implementation,
including EEC Funds and any other funds available under the Board’s jurisdiction for EEU
implementation.
18. EEU Funds means the portion of the EEU Budget that is available to an EEU to perform the
responsibilities of the Appointment. For an entity other than BED, EEU Funds for a calendar
year are comprised of the total EEC Funds approved for collection (not including any true-up
from over/under collections of the EEC from prior years) by the Fiscal Agent for that calendar
year, plus carryover of unspent EEC Funds from prior calendar years, plus any other funds
available under the Board’s jurisdiction for EEU implementation, less the following
deductions:
A. DPS EEU monitoring and evaluation costs;
B. Fiscal Agent fees;
C. Fiscal Agent audit fees;
D. EEU Facilitator fees;
E. Customer Credit Net Pay Option Available Incentive Funds;
F. EEC Funds collected from BED’s ratepayers that are for BED’s self-implementation of
EEU services within BED’s service territory, as ordered by the Board, including BED’s
share of DPS EEU monitoring and evaluation costs, Fiscal Agent fees, Fiscal Agent audit
fees; and
G. Any other costs the PSB determines are required in order to effectively administer, monitor
or evaluate an EEU.
19. EVT means Efficiency Vermont.
20. FCM means the ISO-New England Forward Capacity Market.
21. Fiscal Agent means the person or entity selected and retained by the Board to receive the EEC
Funds from Distribution Utilities, those funds having been paid to said DUs by electricity
consumers in Vermont for the provision of demand-side resource acquisition, and to disburse
those funds under the direction of the Board.
June 23, 2008
56
Provided Without Prejudice
22. IRP means integrated resource planning, including DUP and transmission planning, as
contemplated pursuant to 30 V.S.A. § 218c.
23. Minimum Requirements means such minimum performance requirements as may be
established by the Board, at all times subject to the term of any Appointment, that apply to the
activities and performance of an EEU for any category of service that is subject to an
Appointment.
24. NTA means non-transmission alternative and includes Generation and/or demand-side resource
acquisition measures that may defer or avoid construction of transmission system facilities.
25. NTA Analysis means an analysis to identify cost-effective and viable NTAs to address a
Reliability Deficiency that provide Equivalence, compare those alternatives to the likely
transmission-only alternative(s) to address the deficiency, and evaluate which alternative is the
best choice to address the deficiency. Such identification and analysis also shall include viable
alternatives to address the deficiency that encompass both transmission and non-transmission
element.
26. Parties mean the Department and those entities on behalf of which a signature appears at the
end of this document.
27. QPIs means Quantifiable Performance Indicators.
28. Reliability Deficiency or Reliability Deficiencies means an existing or forecasted violation,
pre- or post-contingency, of applicable bulk transmission system or subsystem design or
operating criteria, with consideration given to the reliability and availability of individual
system elements.
29. State means the State of Vermont.
30. System-wide Programs means the DSM programs being delivered under the EEU structure
pursuant to the Board’s regular budget-setting cycle under 30 V.S.A. § 209(d), and does not
include any additional DSM offered or required to be offered under DUP or as part of an NTA
to address a supply problem or Reliability Deficiency.
31. T&D means transmission and distribution
June 23, 2008
57
Provided Without Prejudice
32. TRB means Total Resource Benefits, which is the present value of lifetime benefits resulting
from demand-side resource-saving measures, including avoided costs of electricity, fossil fuels,
and water, and other elements or adjustments that may be specified by the Board.
33. VEIC shall mean the Vermont Energy Investment Corporation.
34. VELCO means Vermont Electric Power Company, Inc. and Vermont Transco LLC.
35. Vermont Utility or Vermont Utilities includes VELCO and the DUs.
36. V.S.A. means the Vermont Statutes Annotated.
37. VSPC means the Vermont System Planning Committee.
June 23, 2008
58
Provided Without Prejudice
ATTACHMENT A
Guidelines
Customer-Sited Generation and Combined Heat and Power Projects
Efficiency Vermont shall use the following guidelines to respond to lost-opportunity, customerinitiated or vendor-initiated projects where customer-sited generation including combined heat and
power (CHP) is being considered.
1) For any customer-sited generation projects that are primarily a substitution for grid-supplied
power, Efficiency Vermont will limit its involvement to the provision of limited general
information and referral to other sources of information and assistance.
2) Efficiency Vermont may assist projects that involve customer-sited generation in the form of
CHP if the projects meet the following technical and economic performance criteria. As is the
case with all Efficiency Vermont supported projects, the assistance will be limited to the
minimum required to complete cost-effective projects.
Technical Criteria
a) Only those CHP projects that achieve a high level of overall efficiency (including both heat
and power generation efficiency, and including utilization of thermal output) will be
supported. Systems must meet the following criteria:
i) The design system efficiency must be at least 65 percent, with a minimum 13 percent of
the system output as electricity and a minimum 20 percent as useful thermal energy. 1
ii) Meet the EPA Energy Star CHP requirement that the system “reduce emissions and use
at least 5 percent less fuel than comparable, state-of-the-art, separate heat and power
generation.”2
iii) Meet air quality standards established by the Agency of Natural Resources.
b) The electrical output of such systems on a net annual basis shall not exceed the planned
annual electric energy use of the customer where the project is sited.
c) Any projects with nominal generation capacity over 500 kW require DPS approval before
Efficiency Vermont resources are applied.
Economic Performance Criteria
a) Project screening will be based on the same PSB-approved principles and methods
currently used by Efficiency Vermont for efficiency measures. Cost-benefit analysis must
1
These criteria are based on the SPEED program in Section 8002 of Title 30,
http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=30&Chapter=089&Section=08002
2
http://epa.gov/chp/public-recognition/awards.html
June 23, 2008
59
Provided Without Prejudice
show net benefits to both society and the customer. In addition, to ensure effective use of
ratepayer funds, electric benefits alone must be greater than Efficiency Vermont’s
expenditure of electric ratepayer dollars.
b) The host DU shall be noticed prior to calculating the cost-benefit analyses.
c) The following factors will be considered in the cost-benefit analysis:
Costs
i) Electric ratepayer funds (Efficiency Vermont expenditures for both the provision of
assistance and incentives)
ii) Customer share of cost
iii) Any other grants or third-party funding for system installation
iv) Fuel (avoided costs to be used for societal analysis, retail costs to be used for customer
analysis) including any change as a result of rate reclassification
v) For customer-screening, any electric rate reclassification or standby charges from utility
vi) Operations and maintenance costs
vii) Accounting for any early retirement of existing equipment
Benefits
i) Electric energy and demand savings, adjusted for availability (avoided electric costs to
be used for societal analysis, retail costs to be used for customer analysis).
ii) Thermal savings (avoided thermal costs to be used for societal analysis, retail costs to
be used for customer analysis).
iii) In societal screening the 10% risk adjustment shall be applied as an increase in benefits.
Any other verifiable costs or benefits that are directly attributable to serving or the successful
operation of the CHP system. The value of said costs or benefits shall be identified by
Efficiency Vermont.
3) There are likely to be choices to be made in any CHP scenario. Efficiency Vermont shall seek
to identify and encourage the options that provide the greatest net societal benefits. This would
include supporting systems with higher overall efficiency than might otherwise be installed.
4) Customers will be encouraged to pursue any available funding or technical assistance from
other sources.
5) Efficiency Vermont resources will focus primarily on the provision of technical assistance
although incentive funds may also be provided to customers. Projects in geographically
targeted areas and/or with significant electric system benefits shall have priority. Prior to
providing an incentive in excess of $XX,XXX or cumulative incentives during a year of over
$XXX,XXX Efficiency Vermont shall provide notice and an opportunity for comment to the
DPS, the host DU and the Contract Administrator ("the parties"). Before proceeding with the
project, Efficiency Vermont shall address the comments and inform the parties of its decision.
June 23, 2008
60
Provided Without Prejudice
6) A new cost code will be used to track time spent by Efficiency Vermont staff on CHP. Early
in any CHP project, an estimate of required time will be made for budgeting and determination
of project viability.
7) There may be certain additional circumstances where Efficiency Vermont projects that include
customer-sited generation should be pursued on a case-by-case basis. For example, where the
fuel source is a waste gas (e.g. methane) that would otherwise contribute to Vermont’s
greenhouse gas emissions. In these circumstances, Efficiency Vermont should compare
various options (e.g. direct combustion for application to thermal loads vs. reducing customer
load through electric generation vs. cogeneration) and assess them from the perspective of
societal net benefits. Before proceeding with these projects, Efficiency Vermont shall provide
notice and an opportunity for comment to the DPS, the host DU and the Contract
Administrator. Efficiency Vermont shall address the comments and inform the parties of its
decision, prior to providing further assistance to these projects.
8) Efficiency Vermont shall report on any CHP activities in its regular quarterly and annual
reports submitted to the PSB.
June 23, 2008
61
Provided Without Prejudice