EEU Working Group - Matrix of Functions and Services September 26, 2007 Function Existing Regulatory Commitment Existing Contract Structure (i.e., Docket Nos. 5980, 6290, 7081) “Long-Term Performance Contract Structure” “Franchise-like Structure” (PerformanceBased Ongoing Appointment) Scope of EEU Service Electric System-Wide Programs Geo-Targeted Services DUP DSM implementation Market Transformation 30 V.S.A. §209 (d) & (e) and Order in 5980 PSB Orders of 8/2/06 & 1/8/07 Orders in 5980 and 6290 30 V.S.A. §209 Single EVT Contractor and BED Unchanged EEU Unchanged Distribution Utilities (EVT contractor must bid if asked) Consider Assigning to EEU EEU (somewhat fuzzy) Public Information and Education EEU (somewhat fuzzy) Training and Workforce Development Limited EEU Geographic/Customer Class Equity 30 V.S.A. §209 (e)(1)&(e)(4) and Order in 5980 FCM Participant for Statewide EE Resources Order of 12/14/06 Codes and Standards Act 250 Compliance Assistance Combined Heat and Power Demand Response R&D Order in 5270 (comprehensive treatment) and PSB Order on CHP of 1/8/07 Order in 5270 (comprehensive treatment) EEU EVT Contractor and BED EVT Contractor Responsible for Code Support; Role in Code and Standard Development Somewhat Fuzzy Use New Structure or Contract as Opportunity to Clarify Goals and Responsibilities Use New Structure or Contract as Opportunity to Clarify Goals and Responsibilities Use New Structure or Contract as Opportunity to Clarify Goals and Responsibilities Unchanged, but suggest this is better addressed as a performance indicator question, rather than an issue of scope Unchanged Unchanged role in code support Consider broader EEU scope in development of new codes and standards to acquire efficiency resources EEU Unchanged EEU only in very limited cases Allow EEU to implement wider scope of CHP as part of comprehensive demandside resource acquisition DUs and Third Parties None Allow EEU to implement Demand Response as part of comprehensive demand-side resource acquisition Consider explicit EEU R&D role Legal Basis Legal Mechanism 30 V.S.A. §209 (d)(2) EVT Contract & BED Appointment EVT Contract & BED Appointment Performance-Based Ongoing Appointments Governance and Oversight Selection of Entity Order in 5980 Determination of Performance goals, objectives, minimum standards, performance indices Order in 5980 Advisory Input Order in 5980 PSB – through RFP every 3 or 6 years PSB with DPS input, negotiated with Contractor Every three years Annual Plan Review and Approval Routine (Contract) Administration Order in 5980 Routine Oversight of Spending Order in 5980 Advisory Committee Public Review, Workshop and PSB Approval Contract Administrator Contract Administrator PSB – through RFP every 10 years, with first RFP no earlier than 2009 PSB with DPS input, negotiated with Contractor Period to be determined Unchanged Unchanged Unchanged Unchanged PSB - through Petition to PSB PSB, through public process, at time of initial appointment and thereafter as part of performancebased regulation plan. EVT & BED to propose Public Advisory Group(s) established by EEU Public Review and Input Process Conducted by EEU PSB oversight more like a utility, but still need to consider where current Contract Administrator functions are assigned Term Term of Appointment Order in 5980 3 Years with Option for 3-Year Renewal +/- 10 Years Ongoing, until terminated, pursuant to PSB Order of Appointment or CPG Unchanged Initial Terms, Conditions, Minimum Performance Requirements and Performance Indicators Specified in Order of Appointment or CPG Performance Assurance Performance Requirements Contract Terms and Conditions; Minimum Performance Requirements Performance Incentives Compensation Holdback Tied to Measurable Performance Indices Unchanged EEU Working Group - Matrix of Functions and Services September 26, 2007 Non-Renewal or Loss of Contract Performance Penalties Determination of Program Scope/Design Program Delivery – single or multiple entities Incentives to Customers Implementation Strategies Long-Term Resource Planning NTA Planning & Analysis Efficiency Potential Studies Contribution to DPS Forecasts and Plans Input to Legislature Savings Verification Market Assessment EEU Program Evaluation Independent Audit Unchanged Loss of appointment, subject to notice and right to cure Program Planning & Implementation EEU, Within PSB Order in 5980 Unchanged Guidelines Discretion of EVT Order in 5980 Contractor and Unchanged BED Discretion of EVT Contractor and Unchanged BED Discretion of EVT Contractor and Unchanged BED Resource Planning 30 V.S.A. §209 Utilities/VELCO/ DPS/EEU Orders in 5980 Utilities/VELCO/ Use new contract or structure to broaden and 6290 DPS EEU role and specify responsibility Docket 7081 Order in 5980 Use new contract or structure to assign Utilities Docket 7081 responsibility to EEU or expand EEU role DPS with input Use new contract or structure to assign Docket 7081 from PSB responsibility to EEU or expand EEU role Workshop Process Limited Input from Use new contract or structure to expand EEU only as and specify EEU role Requested by DPS EEU Provides Information only when Requested and Approved by Unchanged Same as for utilities PSB (through Contract Administrator) Evaluation 30 V.S.A. §209(e)(10) DPS Unchanged Order in 5980 30 V.S.A. §209(e) Use new contract or structure to expand DPS Order in 5980 EEU role or assign responsibility to EEU 30 V.S.A. If such evaluations §209(e)(10) none Unchanged determined to be Order in 5980 useful, DPS 30 V.S.A. rd 3 Party Contractor §209(e)(12) Unchanged to PSB Process Evaluation 30 V.S.A. §209(e) Budget Setting Authority 30 V.S.A. §209 no responsibility Budget PSB Unchanged EEU Unchanged Budget Setting Process PSB Workshops inform PSB Order Unchanged Budget Term Set once every 3 years, w/subsequent adjustments at discretion of PSB +/- 10 Years PSB Order, based on public process before PSB where EEU is expected to propose savings goals and budgets Rolling long-term (10 year+) budgets with PSB process to initiate review and reset at any time, but at least every three years