Green-e Energy Code of Conduct Green-e Energy Code of Conduct and Customer Disclosure Requirements Updated July 24, 2015 Center for Resource Solutions 1012 Torney Ave. 2nd Floor San Francisco, CA 94129 www.resource-solutions.org Contents I. Purpose of Document ...........................................................................................................................................4 II. Updates to the Code of Conduct ..........................................................................................................................4 III. Green-e Energy Processes ....................................................................................................................................4 A. Estimated Timeline for Processes ...................................................................................................................4 B. Agreements and Terms ...................................................................................................................................6 C. Description of Marketing Compliance Review Process ...................................................................................7 D. Description of Verification Process .................................................................................................................8 D1. Verification Criteria ................................................................................................................................8 D2. Verification Data ....................................................................................................................................8 E. IV. Enforcement and Censure ...............................................................................................................................9 E1. Verification and Marketing Compliance Review ....................................................................................9 E2. Process for Resolving Problems of Ineligible Supply............................................................................12 E3. Timeline for Green-e Enforcement ......................................................................................................14 Marketing Disclosure Requirements ...................................................................................................................14 A. Requirements for All Marketing ....................................................................................................................14 A1. Logo Use and Word Mark Use .............................................................................................................15 A2. Required Language for Describing Green-e Energy Certification ........................................................15 A3. Requirements on the Words “Certifiable” and “Eligible” ....................................................................15 B. Required Mailings..........................................................................................................................................16 B1. Required Mailings: Prospective Product Content Label ......................................................................16 B2. Required Mailings: Historical Product Content Label ..........................................................................16 B3. Required Mailings: Welcome Packet ...................................................................................................17 B4. Bills .......................................................................................................................................................18 C. Product Content Labels, Prospective and Historical .....................................................................................18 C1. Required Information for All Product Content Labels .........................................................................18 C2. Product Content Label Templates .......................................................................................................22 C3. Annual Update of the Prospective Product Content Label ..................................................................29 C4. Annual Update and Delivery of Historical Product Content Label .......................................................29 D. Price, Terms, and Conditions (PTC) ...............................................................................................................29 D1. Delivery Requirements for the Price, Terms, and Conditions ..............................................................30 D2. Required Information for Price, Terms, and Conditions ......................................................................30 E. Additional Required and Restricted Language ..............................................................................................31 E1. General Guidance on Acceptable Marketing Language .......................................................................31 E2. Renewable Energy Certificate (REC) Disclosure Language ..................................................................32 E3. Emissions Avoidance Value of Renewable Energy Products, Including Biomass .................................34 E4. Statements Implying Carbon Neutrality ..............................................................................................36 © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 2 E5. Describing Products with Special Features ..........................................................................................37 E6. Statements Implying Local or Regional Benefits..................................................................................37 E7. Advertising Through TV, Radio, and Electronic Media ........................................................................37 E8. All Websites .........................................................................................................................................37 F. Sales Channels/Subscription Mechanisms ....................................................................................................39 F1. Rules that Apply to All Sales Channels/Subscription Mechanisms ......................................................39 F2. All Sales Channels: Participant Must Directly Control All Marketing Materials ...................................40 F3. Sales Channel: Websites ......................................................................................................................40 F4. Sales Channel: Bill Inserts/Paper Sign-up Forms .................................................................................41 F5. Sales Channel: Door-to-Door Cold Marketing .....................................................................................41 F6. Sales Channel: Relationship and Warm Marketing ..............................................................................41 F7. Sales Channel: Electronic Media ..........................................................................................................41 F8. Sales Channel: Customer Service Center .............................................................................................41 G. Special Requirements on Brokers .................................................................................................................42 H. Special Requirements for Certified Wholesale Sales.....................................................................................42 I. Utility and Developer Requirements for California Enhanced Community Renewables Program (SB43) ....42 © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 3 I. Purpose of Document This document is part of the Green-e Energy Certification and Logo Use Agreement, a contract between contract holders referred to as “participants” in the Green-e Energy program and Center for Resource Solutions, the administrator of the Green-e Energy program. This document serves to describe the processes, timing, and disclosure requirements of Green-e Energy certification. Relevant definitions are provided in the Green-e Glossary. II. Updates to the Code of Conduct Green-e Energy reserves the right to periodically update this document in accordance with the Green-e Energy Certification and Logo Use Agreement. III. Green-e Energy Processes A. Estimated Timeline for Processes Below is an estimated timeline for the major processes related to Green-e Energy certification. Except where specific dates are listed, all timing is indicative; actual deadlines will be made available to participants each year. Green-e Energy Important Dates Month January Week Activity / Deadline 1 Invoicing: Deadline: Payment due for the year’s participation, for existing products, by January 1. 4 Quarterly Advisory Committee Call Verification: Submission of new and renewal Tracking Attestations for generators used in the previous year’s certified sales are requested in order to be included in the Green-e verification software. Tracking Attestations may also be submitted with the annual verification submission, however such facilities will need to be manually entered into the software by participants. Attestations can be accessed at http://www.green-e.org/verif_docs.html. 1 Spring Marketing Compliance Review (MCR): Materials request posted on Green-e website, deadline for affected products announced. 3 Verification: DEADLINE: Unaudited reporting due. Green-e Energy Certified Product Mix Change Worksheet due. February © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 4 4 Verification: Training webinar for all participants, and separate training for all auditors (details provided in advance). MCR: DEADLINE: Materials must be provided to Green-e for affected products. Green-e will review materials and respond, after which participant will have 30 days to complete required changes. March 1 Verification: Materials provided to participants (Audit Protocol, Getting Started Guide) by Green-e; verification software open. Invoice: ENFORCEMENT: Notice of contract breach if participant has not yet paid annual fees for existing products. Product Content Label: DEADLINE: The current year’s Prospective Product Content Label must be sent to all customers in automatic renewing subscriptions, and posted on product website by this time. April 1 Verification: DEADLINE: Submit repowering and co-firing applications for facilities used toward previous year’s sales, if any such facilities used. Invoice: ENFORCEMENT: Existing products with unpaid annual fees may be terminated. May June 4 Quarterly Advisory Committee Call 1 Verification: DEADLINE: All requests for an extension of the verification submission deadline are due. 1 Verification: DEADLINE: All verification materials and data must be submitted through the verification software (unless extension granted). This deadline is typically the first business day in June. Contract: ENFORCEMENT: If all required verification materials are not submitted, participant will receive a breach of contract letter and have 30 calendar days to submit required materials. July 1–4 Verification: Late fees accrue each business day verification materials are not submitted after the initial verification submission deadline. 1 Contract: ENFORCEMENT: If all product verification materials are not submitted by 30 calendar days after the early June verification deadline, product may be terminated. 4 Quarterly Advisory Committee Call © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 5 August 1 Autumn Marketing Compliance Review: Materials request posted on Green-e website, deadline for affected products announced. Historical Product Content Label: DEADLINE: Historical Product Content Label for prior year must be sent to customers and updated on participants’ websites by this time. Green Pricing Programs with different Product Content Label distribution requirements provided by their Public Utilities Commission / oversight body must have requested extension by now; see Section IV. C.1. Required Information for all Product Content Labels for more information. October 4 MCR: DEADLINE: Materials must be provided to Green-e for affected products. Green-e will review materials and respond, after which participant will have 30 days to complete requested changes. 4 Quarterly Advisory Committee Call November 1 2 B. Records Update: Please check in with Green-e about changes in your product or company for the coming year, such as changes in customer type, product type, or new service territory, or changes to company contact or address. Invoicing: Annual renewal fee invoices mailed to all current participants. Payment is due January 1 of the following year. Agreements and Terms Each participant wishing to use the Green-e Energy logo or word mark, or claim Green-e Energy certification for any of their certified products agrees to perform these actions: 1. Conduct an annual independent verification of certified product sales and purchases, according to the Green-e Energy annual verification process 2. Submit requested Marketing Compliance Review materials to ensure that website and marketing materials are in compliance 3. Provide customers and prospective customers with all adequate, accurate, clear, and required information about the certified product 4. Actively guard against double counting of certified products by: a. Selling renewable electricity or RECs associated with specific renewable energy generation only once b. Taking reasonable actions to ensure that all supply is free of use claims from others and that the renewable energy or RECs have not been sold to any other party, including but not limited to: using clear contract language, educating © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 6 those in the chain of custody about the exclusivity of renewable claims and the value of the REC, and reviewing online marketing materials of entities in the supply chain of the purchased renewable electricity / RECs when possible c. Only using “Fully Aggregated Renewables” as required by Section III (c) of the Green-e Energy National Standard and also defined in the Green-e Glossary 5. Ensure by reporting agreements, attestations, and other contractual agreements with generators and wholesale counterparties that generation output sold in the certified product has not been counted as part of, or used for compliance with, any mandated government renewable energy procurement (unless the certified product itself is used for compliance); renewable portfolio standard or other renewable energy requirement of local, state, or federal government; or of the utility or generator except as provided for in the Green-e Energy National Standard Section III (D) C. Description of Marketing Compliance Review Process The Marketing Compliance Review (MCR) process, conducted by Green-e, ensures that participants offering a certified product are abiding by the Green-e Energy Code of Conduct. MCR may be conducted on any product, including commercial or wholesale products. During MCR, Green-e confirms that the certified-product provider is not making false or misleading statements about their product and that they have made pricing, power, and consumer information disclosure to customers in a standardized format. This review occurs twice a year, in the Spring and in Autumn. Green-e may at its own discretion allow a participant to switch to an annual MCR cycle if the participant’s MCR submissions consistently demonstrate substantial compliance that does not require revision of materials. Participant may be switched back at anytime on account of poor compliance. At the beginning of February and August, Green-e contacts those participants that are required to submit materials for that round of MCR, and provides MCR information and required materials checklists, which are also posted on the Green-e website. Submissions are due from participants on the last business day of February or August as applicable, and must include a completed MCR checklist as well as samples of all requested marketing materials related to the certified product. If Green-e requires changes to be made to Participant’s marketing materials to ensure compliance with the Green-e Energy Code of Conduct, the participant must complete changes in a timely manner, according to Section III.A. “Green-e Energy Important Dates”. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 7 D. Description of Verification Process The annual verification process requires all providers of Green-e Energy certified products to complete an annual third-party verification audit of their renewable energy purchases and sales. D1. Verification Criteria The verification process is designed by Center for Resource Solutions and conducted by an independent auditor selected by the participant. The verification process uses company contracts and records, renewable energy tracking system records, Green-e Energy attestations, invoices, and billing statements to verify the following: 1. That the participant purchased enough renewable electricity or RECs in quantity and type to meet its customer demand for each certified product 2. That the electricity or RECs were generated by eligible renewable generators, as defined in the Green-e Energy National Standard 3. That the information provided to customers on the product’s annual Historical Product Content Label is accurate and consistent with that provided in the Prospective Product Content Label for the corresponding year 4. That the renewable electricity or RECs purchased and sold by the provider were not sold to more than one customer 5. That other requirements and criteria within the Green-e Energy National Standard are met, including, but not limited to, requirements pertaining to emissions limits, nuclear energy, and the prohibition on double claims D2. Verification Data Verification data, verification documentation, and a report produced by the auditor are submitted and reviewed using a web-based verification tool. Access is available to the Green-e Energy participant and their auditor. Participants will be provided with instructions and an audit protocol soon after the close of the year of sales to be audited (the “Reporting Year”). Attestation forms that document changes in ownership of RECs and renewable electricity must be submitted as part of the verification process, and can be found on the Green-e website. An unaudited report of certified sales is due the February following the close of the Reporting Year. The audited report and all final verification data and documentation must be submitted through the web-based verification tool no later than (typically) the end of the first business day in June after the Reporting Year. All verification deadlines applicable to the Reporting Year will be provided to participants in advance of the unaudited report deadline. If all required materials are not submitted to Green-e Energy by the applicable due date, late fees may accrue until all materials are submitted (see Certification Fee Structure for late fee details). Specific details of required verification materials that must be included with the audited verification © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 8 report are provided annually with the verification instructions for the Reporting Year. An indicative, but not exhaustive, summary of these materials includes: 1. Reports from approved electronic renewable energy tracking systems 2. Complete Green-e Energy attestation documents 3. Documentation supporting any special cases or exceptions to facility or product eligibility (for example, repowered facilities, or carbon allowance retirement reports for generation for California) 4. Prospective Product Content Labels and Historical Product Content Labels 5. Data on electricity generation facilities and their output used in Green-e Energy certified sales 6. Data on customers purchasing Green-e Energy certified products (aggregated by state and customer type in most cases) 7. Billing records and contracts for renewable energy purchase and sale (provided to the auditor only) 8. Internal reports and data related to renewable energy purchase and sale (provided to the auditor only) E. Enforcement and Censure E1. Verification and Marketing Compliance Review For instances in which Green-e Energy verification activities reveal significant differences between what has been disclosed or sold to customers and what was actually delivered, the participant is required to make affected customers whole. This may be done by purchasing extra supply to match the disclosures made, or in some cases Green-e may approve a notification plan to actively provide relevant customers with information about the change in supply and offer customers a refund if they desire. Replacement supply must be re-audited upon request by Green-e and must meet the requirements in the Green-e Energy National Standard. Such notice of changed supply and the offer of the refund must be mailed or emailed to customers (as described in Section IV.B2 Required Mailings: Historical Product Content Label), rather than only appearing on the participant’s website. Refusal to make affected customers whole and/or provide historical disclosure, or refunds as applicable, to affected customers as required will trigger enforcement and censure activities as described below. Examples of common supply and claims issues are described in “Examples of Supply and Claims Issues” on p. 10. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 9 Examples of Supply and Claims Issues The Green-e Energy National Standard lists requirements for electricity and REC supply that may be used in certified products. Participants offering electricity products should pay special attention to geographic sourcing requirements in Section IV.A of the Standard. Additional guidance on this topic can be found in Green-e’s “Explanation of Green-e Energy Double Claims Policy”. Competitive Electricity Products: A problem with supply for a competitive electricity product arises when the participant has sourced renewable electricity or RECs outside the eligible geographic boundary for sourcing. Such supply is not eligible for use in a certified competitive electricity product without the electricity being wheeled into the participant’s region. REC Products: A problem with supply arises for REC products if the participant has not provided required REC Disclosure Language in association with the product. Such supply may not be eligible for use in the REC product. Claimed RECs: A problem arises if the RECs have already been claimed, and therefore retired, earlier in the chain of custody or by the purchaser of electricity (without RECs) from the facility. This issue is more common with on-site solar and biomass facilities, as system hosts or owners often want to claim some environmental benefits associated with the renewable electricity generation and may misunderstand the rights that they are giving up when they sell the RECs. In this case in particular, it is important to note that contractual ownership of the RECs may not be enough to render the RECs eligible for Green-e Energy certification. Claims on the RECs, even unintentional claims, by generators, installers, aggregators, system hosts, or null power off takers for example, can render the RECs ineligible for Green-e Energy certification. Supply Must Match Marketing Disclosures: Participants must provide their customers with information in marketing and in Product Content Labels about the resource types of the renewables in their certified product, as well as information about the location of generation. While the participant can purchase the RECs to supply the product after the sale commitment to the customer is made (but before annual verification materials are due), participants must be careful to source from the same resources and locations offered to customers. Purchasers procuring supply after making sales commitments should contract to purchase the same type of RECs they told their customers they would ultimately provide them. Contracting to purchase RECs from “any Green-e Energy eligible” may result in a purchase of supply that doesn’t match the product content you have described to your own customers. Buying “Green-e Energy Certified” Wholesale: Participants selling Green-e Energy certified products may choose to procure their supply from another seller of Green-e Energy certified renewable energy. If a Green-e Energy certified product is purchased by a participant and then re-sold in a Green-e Energy certified product, the participant must report the supply and subsequent sale to Green-e for verification. Otherwise, the transaction by the re-selling participant is not certified. When procuring supply wholesale, the re-selling participant is responsible for ensuring that the supply matches the product sold by that participant, in characteristics such as resource type, proportions, and generation location promised to the customer on the Prospective Product Content Label and Historic Product Content Label. If additional disclosures to customers are required, participant is invited to work with Green-e If © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 10 Upon notification of the non-compliant item, participant must revise their marketing and/or verification materials to address any non-compliant items, or must desist in using the Green-e Energy logo and making reference to Green-e Energy in any of its marketing materials for certified renewable energy within 30 days of receiving notice from Green-e. Green-e will verify that non-compliant items have been sufficiently addressed. If additional disclosures to customers are required, participant is invited to work with Green-e to ensure compliance with Green-e Energy requirements before marketing materials are printed and/or distributed. Additional disclosure to impacted customers may be required in some instances of non-compliance. Continued non-compliance will trigger enforcement and censure activities as described below. a. Substantial Differences in Supply: Definition and Notification If a participant changes a certified product’s mix at any time during a given Reporting Year in such a way as to constitute a “substantial difference” (see 1–3 below), all affected customers of that product for the Reporting Year (including those purchasing the product over time or automatic renewals) must be notified. This notification is in addition to the required mailing of the annual Historical Product Content Label. A product’s content might also change substantially between distribution of the Prospective Product Content Label and either annual verification of that product or when the Historical Product Content Label is distributed. Changes that are not substantial differences do not require an updated Product Content Label to be distributed to customers. Products will be considered to have a substantial difference in supply in any given Reporting Year where there is a difference from that Reporting Year’s Prospective Product Content Label such that: 1. The type or proportion of renewable resources changes by greater than four percentage points of the certified product’s mix1 2. A geographic location of generation, such as a state or region, is added or removed from the mix (see below for how use of “and” and “or” affects geographic disclosure), or 3. A resource type is removed from or added to the supply When one of the above substantial differences occurs, a completed “Green-e Energy Certified Product Mix Change” worksheet (available on the Green-e website) detailing the change in mix 1 For example: A 100% solar product that is sold to a customer to cover 50% of their electricity usage will be considered significantly changed if the customer receives 47% of their total electricity from certified solar and 3% from wind, as the certified product would have changed by 6%, from 100% solar to 94% solar. However, a certified product that covers 100% of a customer’s electricity load and is made of 50% solar and 50% wind would not be considered to have changed substantially if it changes to 53% solar and 47% wind, as this is only a change of 3% of a resource as a percent of total load. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 11 must be submitted to Green-e no later than the due date of the unaudited report worksheet for the year that the resource mix changed.2 Failure to submit the Green-e Energy Certified Product Mix Change worksheet before this date will result in the participant being in breach of the Green-e Energy Certification and Logo Use Agreement as of the date of discovery of the mix change by Green-e. At that time, the participant will be provided a timeline for cure and will be required to procure supply to keep the product within the original parameters of the Prospective Product Content Label or otherwise make the customers of that product whole. The Green-e Energy Certified Product Mix Change worksheet requires applicants to submit an explanation of why the new mix provides more value to the customer. Such value to the customer should be demonstrated. The argument that the new mix is a lower cost to the purchaser will not be persuasive. Examples of persuasive reasons may include providing customers with more local resources, or providing more of a resource type that is particularly valued among those customers. Green-e will review the submitted Green-e Energy Certified Product Mix Change worksheet and communicate its decisions to the participant. In cases of changes of greater than 10 percentage points, Green-e will first decide if such a change is in the best interest of the customer. If Greene determines that the change is in the best interest of the customer, it will take the case to the Green-e Governance Board for further review. Regarding changes to the generation location on a Product Content Label, it is acceptable for a large group of states to be included in a Prospective Product Content Label if it is clear that supply might not be drawn from all of the listed states—for example, when listing “WA, OR, or CA” on a Prospective Product Content Label, the final resource mix and Historical Product Content Label may include any combination of these states, and the removal of one of the states in the Historical Product Content Label does not constitute a substantial change. If “WA, OR, and CA” is listed on the Prospective Product Content Label, the final content mix and Historical Product Content Label must include generation from all three of these states. Please see the Product Content Label templates for examples. E2. Process for Resolving Problems of Ineligible Supply a. Required Action When Ineligible Supply is Identified In the event that a substantial difference in supply or ineligible supply is identified, participant must undertake one of the following actions. Otherwise, the participant’s products will be decertified and may be subject to other enforcement activities. 1. Procure eligible replacement supply 2 For example, a Green-e Energy Certified Product Mix Change worksheet for a product sold in 2016 must be received by Green-e in February 2017 in accordance with the Reporting Year 2016 Verification Timeline. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 12 2. Notify customers and allow them the option of canceling without penalty and offer a refund to the impacted customers, in the amount of the premium they paid beyond their standard electricity service for the certified product, for the period of time the certification was misrepresented If the Historical Product Content Label delivered to customers differs from the data submitted and audited during the annual verification process by one percentage point or more, then participant must work with Green-e to amend the product and/or redistribute an updated Historical Product Content Label and may also be required to offer a refund. b. Required Action in the Event of Decertification If problems with supply result in product decertification or if the participant decides to voluntarily decertify a product, participant must provide customers with a notification approved by Green-e Energy that contains the following information: 1. The Green-e Energy certified product they are purchasing has lost Green-e Energy certification and is no longer certified as of the date of decertification 2. An offer to customers allowing them to cancel the product that was previously certified, free of charge, starting on the date of decertification by Green-e Energy (if relevant) 3. The Green-e website, www.green-e.org, with instructions that the customer can find alternative Green-e Energy certified products through the Green-e website This Green-e Energy–approved notification must be sent to all customers who received a product that did not meet Green-e requirements or was decertified, and the customers must be notified within 60 days of the date of the Green-e notification of decertification. Proof that notification has been sent must be provided to Green-e within 75 days of the date of decertification. Such proof includes, but is not limited to: a copy of the letter of notification, email confirmation of notification, a statement from a mailing service, etc. If a compliant and satisfactory notification is not sent on time, participant must offer a refund to affected customers for the premium customers paid for the product above their normal electricity rates for the period in which the customer thought they were receiving a certified product but were not. c. Green-e Enforcement If Green-e does not receive proof of customer notification or if any of the above actions have otherwise not taken place, Green-e may at its discretion notify customers of the product, the Better Business Bureau, the Advertising Self-Regulatory Council, and/or the Attorneys General serving the states in which the product is sold of the failure of the participant to complete the contractual obligations in the Green-e Energy Certification and Logo Use Agreement. The participant and product formerly certified will also be listed on the Green-e Energy website as decertified due to non-compliance. Green-e reserves the right to distribute market advisories © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 13 and press releases describing the noncompliance of participant to news outlets to inform affected customers and stakeholders of the situation. E3. Timeline for Green-e Enforcement In the event that the deadline for annual invoice payment, MCR materials submission, or audited verification materials submission is missed, then the following timeline takes effect: 1. Participant receives notification of breach of contract with details of the deadline missed, number of days to cure and the actions required to cure 2. If the audited verification submission deadline is missed, starting on the first business day after missed deadline, late fees begin to accrue. See Certification Fee Structure for more information 3. The contract may be placed on suspension at any time after the deadline is missed if Green-e has reason to believe that the required payments or documents cannot be submitted 4. If new information about the reason for missing the submission date comes to light, Green-e may reassess whether the contract was breached or the amount of time before the contract is terminated 5. After 30 calendar days (or 15 calendar days in the case of a missed audited verification submission deadline), if the required cure activities are not performed, then the contract associated with the missed deadline may be terminated by Green-e During Green-e review of MCR and verification materials, Green-e may identify areas of the participant’s materials that require additional information, documentation, or changes. In such cases, Green-e will provide participant with a reasonable deadline to provide required followup based on the nature and degree of the follow-up actions required. IV. Marketing Disclosure Requirements A. Requirements for All Marketing All marketing must be clear and accurate regarding what is certified and what is not certified, what is being sold to the customer, and any environmental benefits thereof. All required documentation and marketing materials must reference the certified product with a consistent name of both the product and the participant. Changes in product name must be reported to Green-e in writing within a commercially practicable amount of time. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 14 A1. Logo Use and Word Mark Use Participant is only allowed to use the Green-e Energy logo and word mark in conjunction with products that meet all eligibility requirements outlined in the current Green-e Energy National Standard and the Green-e Energy Code of Conduct, and that have an active contract with Center for Resource Solutions to be sold as Green-e Energy certified. Use of the Green-e Energy logo in association with participant when not directly associated with the certified products is strictly prohibited, and the logo must not appear on business cards, website footers, participant letterhead or the like. Participant’s use must be in accordance with the Green-e Logo Use Guidelines. A2. Required Language for Describing Green-e Energy Certification For all products, every use of the “Green-e Energy Certified” Logo must be accompanied with the website address, “green-e.org”. When possible, the Logo or wordmark used in electronic media must be an active link to the Green-e website (www.green-e.org). The following language must also be present in certain circumstances (described below): “[Product Name] is Green-e Energy certified, and meets the environmental and consumerprotection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.” Participants must include this language next to the Green-e Logo on all certified products’ Product Content Labels and Price, Terms, and Conditions. Participants must include this language on their website where the certified product is described most prominently. This requirement may be met by fully displaying the Prospective Product Content Label in a prominent place on the product webpage. For language that describes Green-e Energy certification in greater detail, see the Code of Conduct Guidance Document, posted on the Green-e website. A3. Requirements on the Words “Certifiable” and “Eligible” Participants may not use the phrase “Green-e Energy Certifiable,” “Green-e Eligible,” or any similar language in describing a renewable electricity, green pricing, or REC product, as it is likely to mislead customers into thinking that the product will definitely be certified by Green-e Energy or is equivalent to a certified product. Green-e Energy certified products should be described as “Green-e Energy certified” rather than as “eligible” or “certifiable.” The word “Green-e” is a registered certification mark of Center for Resource Solutions and can only be used in reference to certified products. Renewable energy products are either certified (in which case the seller has a contract with Center for Resource Solutions and Green-e Energy is reviewing the sales and resources for eligibility), or not certified (in which case Green-e Energy © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 15 does not and cannot stand behind any statement about whether Green-e might certify the product at a later date).3 B. Required Mailings All participants have customer disclosure obligations. Required mailings may be sent in an email, newsletter, annual report, or other regular communication. Required mailings must be actively delivered. It is not sufficient to only post the mailings on the website. An email must be sent out to all customers with a direct link to the required material itself, and another form of communication must be used for customers without email addresses. B1. Required Mailings: Prospective Product Content Label Green-e Energy requires all participants to proactively deliver customers of the Green-e Energy certified product two product content labels annually (unless product changes are made, in which case additional disclosures may be necessary); a Prospective Product Content Label and a Historical Product Content Label. The current year’s Prospective Product Content Label must be delivered to the customer within 60 days of purchasing the certified product, in the form of a welcome packet (see Section B3). If a customer purchases a certified product to be delivered across more than one calendar year, or that renews automatically (such as signing up for a green pricing program), the participant must provide that customer with a Prospective Product Content Label annually for each year of product delivery within 60 days of renewal, in addition to delivery through the sign-up welcome packet. B2. Required Mailings: Historical Product Content Label Each customer that purchased the certified product, single mix or multiple mix, during the previous year (either for the whole year, for a period of the year, or in a one-time purchase) must receive a Historical Product Content Label by August 1 of the year following purchase containing accurate and correct information about the contents of the product (See Section III.E.2 on Substantial Differences in Supply for information about variance). The full Historical Product Content Label must be delivered to the customer electronically or physically. The Historical Product Content Label must meet all information requirements of Section IV.C. If delivered physically, the document must contain a complete Historical Product Content Label. If delivered electronically, the delivered document or email may contain either the full Historical Product Content Label or a hyperlink that directly links to the Historical 3 The term “Green-e Energy Eligible” used to describe a generation facility registered in a renewable energy tracking system means that the facility has already signed a particular attestation and has been reviewed by Green-e against certain portions of the Green-e Energy National Standard, but such review and “Green-e Energy Eligible” status are not a guarantee that the facility’s output may be used in a Green-e Energy certified sale, as there are rules related to renewable energy eligibility beyond just facility eligibility. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 16 Product Content Label with language explicitly directing the customer to the full Historical Product Content Label (for example, “Please view the complete listing of the resources included in this product: [Year] Historical Product Content Label”). Exception: For one-time sales where the customer is given a Historical Product Content Label at time of enrollment that contains information about the actual supply procured for the customer (including the resource types, proportions, and location of generation by state), a follow-up Historical Product Content Label in the following year is not required. To qualify for upfront Historical Product Content Label disclosure, no variance may occur from the product mix advertised and disclosed to the customer at the time of sale and the actual supply procured for the product. All product types are eligible for upfront Historical Product Content Label disclosure, and such disclosure must be approved in advance by Green-e in order to be used with a product sold to residential customers. B3. Required Mailings: Welcome Packet All participants are required to provide each customer with the current Prospective Product Content Label; Price, Terms, and Conditions; and all subscription mechanism requirements listed in F1 “Rules That Apply to All Sales Channels/Subscription Mechanisms” within 60 days of signing up to receive a certified product or signing up to switch a product offering or percent of participation. This is referred to herein as the “Welcome Packet”. The amount of kilowatt-hours (kWh) or percent of use that the customer signed up for must be clear. This may be in the top portion of the Product Content Label or an accompanying letter or other document in the Welcome Packet. For example, if the participant offers a 50% and a 100% product, the Prospective Product Content Label may reference both options, but an accompanying letter or bill must clarify the percent that the customer has subscribed to. Participants selling in kW must include a disclaimer that the capacity does not guarantee a certain amount of output and individual unit’s output may vary. Include an estimated output in kWh for the customer’s contracted kW. Include the average kW needed to power a typical home in the region.4 The Welcome Packet may be sent electronically or physically. If sent electronically, hyperlinks to the Prospective Product Content Label and the Price, Terms, and Conditions can be included in an email or electronic letter. The subscription mechanism requirements listed in F1 “Rules That Apply to All Sales Channels/Subscription Mechanisms” must be in the body of the email, if sent by email. The links must be clearly labeled, and include the document names of “Prospective Product Content Label” and “Price, Terms, and Conditions” at a minimum. 4 Welcome packet requirements for developers in the California Enhanced Community Renewables program can be found at: http://www.green-e.org/docs/energy/ECR%20Developer%20requirements%204-16-15.pdf. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 17 B4. Bills Each bill for the certified product, or an accompanying document or email, must show that a certified product was purchased and contain the product name. C. Product Content Labels, Prospective and Historical Sellers of all products must supply Product Content Labels to customers. The Prospective Product Content Label lists information about the supply the participant is advertising to the customer and plans to provide to them during a specific year. The Historical Product Content Label lists verified information about the actual supply that was retired on behalf of the customer during a specific year of sale of a certified product (the Reporting Year). The Historical Product Content Label is cross-checked with verified data to ensure that customers receive what is advertised to them. C1. Required Information for All Product Content Labels All Product Content Labels must follow all state requirements and include the information contained in this section. Participants may be approved to use a different format for the label if required by a state regulation or law, as long as this label contains all the required information. Unless noted, all requirements apply to both Prospective and Historical Product Content Labels. Rules that only apply to specific labels and/or product types are referenced and briefly summarized in this section, but see the respective Prospective Product Content Label and Historical Product Content Label sections that follow for details. Participants selling to residential customers are required to use the Product Content Label format applicable to their product type; templates are provided below. Participants selling to non-residential customers may use another Product Content Label format, if it meets the requirements of the Product Content Label and only with approval from Green-e Energy. The following components are required: 1. The Product Content Label title must include whether it is the Prospective or Historical Product Content Label and the calendar year of sales to which it applies 2. The resources in the renewable energy product, listed by fuel type percentage and geographic disclosure of facility location(s) a. Location: Disclosures of facility location should be, at a minimum degree of specificity, by state/province: i. Prospective Product Content Label for Green Pricing and Competitive Electricity products: Facility location(s) must be provided by state/province, not simply by NERC region ii. Prospective Product Content Label for REC products: Should be broken out by state if possible, however such products may be sourced nationally and therefore use terms like “National” or “lower 48 U.S. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 18 states” Use of “National” description is only appropriate if sourcing from the lower 48 states and/or Washington, D.C. iii. Product Content Label for all products: If the product might source from Canadian Provinces, Alaska, or U.S. territories, you are required to call these locations out specifically by state, province, or territory name on the Prospective Product Content Label, as well as the Historical Product Content Label iv. Prospective Product Content Label for all products: Rules on the use of “or” and “and” in lists of potential locations apply. See Section III.E.1 for details b. Resource: i. Prospective Product Content Label for all products: Must list each resource type that may be included in the product c. Percentage: See Section III.E.1 for rules on allowable deviation between Prospective Product Content Label and Historical Product Content Label. Products sold to residential customers must specify the percentage of each resource type. Prospective Product Content labels for products sold to commercial customers may list estimated proportions or “Up to 100%” beside each resource type, but must specify all resources that may be used in the product, however they must also specify the criteria for example, “lowest cost option” used to determine the resources chosen 3. Text describing the level of enrollment or enrollment options (e.g. 100 kWh per block, 50 percent of electricity use5), and whether the product is sold in kWh, kW, or as a percent of electricity use. Each Product Content Label template herein contains the text that must be used for the product type a. Participants selling in kW must include a disclaimer that the capacity does not guarantee a certain amount of output and individual unit’s output may vary, include an estimated output in kWh for the customer’s contracted kW, and include the average kW needed to power a home in the region6 b. If multiple enrollment levels are displayed in the PPCL, the letter in the Welcome Packet must disclose the individual customer’s enrollment level 4. The comparative mix of the customer’s default electricity mix a. Green Pricing Programs and Competitive Electricity Products: Use the system resource mix of the default provider or utility. In all cases, using the resource mix most specific to the target customer is encouraged b. REC products: This can be at a maximum the national average resource mix. In all cases, using the resource mix most specific to the target customer is encouraged 5 Products sold by kW can use estimated percent of use, while products sold by kWh must percent of actual use. Enrollment requirements for developers in the California Enhanced Community Renewables program can be found here http://www.greene.org/docs/energy/ECR%20Developer%20Requirements.pdf. 6 © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 19 5. Participant customer service contact information, including a phone number, email address, and company website 6. The Green-e Energy logo, and the Green-e Energy disclosure language: “[Product Name] is Green-e Energy certified, and meets the environmental and consumerprotection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.” 7. For REC products: The Short REC Disclosure Language (see Template 4) 8. For electricity products: if applicable, a breakout of RPS or other mandated renewables a. Electricity products that use mandated renewables as allowed under Section III.D of the National Standard: Use Template 1a b. Electricity products containing Green-e Energy certified renewables for less than 100% of customer load: Use Template 1b c. All other electricity products: Use Template 1 9. The following footnotes, as applicable: a. All products: The New Date disclosure (see Footnote 2 in the templates) i. If a repowered facility is used to supply the customer, Footnote 2 must include the following language: “This product includes generation from a facility that was approved under a strict set of criteria and qualifies as repowered.” ii. If a facility approved by Green-e for Extended Use is used to supply the customer, Footnote 2 must include the language: “This product includes generation from a facility that was approved for extended use by Green-e Energy.” iii. If both repowered and Extended Use facilities are used, the two sentences above may be combined to read: “This product includes generation from facilities that were approved for extended use under a strict set of criteria by Green-e Energy and/or qualify as repowered.” b. All residential products: Include the following: For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil (x %), Natural Gas (x %), Hydroelectric (x %), and Other (x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source]. Any resource greater than 1% must be broken out individually c. All residential products: Include the following footnote describing the average residential electricity usage: “The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013]” participants may opt to list the electricity usage in the average home in the state or service territory where they certified product is offered, and should use the most recently available Energy Information Administration (EIA) data at the time of publication. The geographic reference, data source, and year must be given. Data on national average © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 20 electricity usage can be found on the EIA website: http://www.eia.gov/tools/faqs/faq.cfm?id=97&t=3 d. Prospective Product Content Label for all product types: A footnote explaining that actual resource figures may vary (see Footnote 1 in the templates) e. All products containing hydropower (including Prospective Product Content Labels for products that state that they may source from hydropower): The following modifications should be made to the hydropower footnote depending on the country of generation (see Footnote 3 in the templates): i. If the product will not or does not source from Canadian hydropower, the reference to EcoLogo should be omitted ii. If the product will not or does not source from U.S. hydropower, the reference to LIHI should be omitted 10. It is recommended, but not required, that the participant provides customers with more detailed information on the month or quarter of generation of the renewable energy used in the certified product, since some end-user certifications rely on this information © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 21 C2. Product Content Label Templates Template 1: Electricity Products Sold as Percent of Use or Blocks [YEAR HISTORIC/YEAR PROSPECTIVE] PRODUCT CONTENT LABEL 1 [PRODUCT NAME] is sold in blocks of [###] kilowatt-hours (kWh) or matches X% of your electricity usage. In [year], [Product Name] [was/will be] made up of the following new renewable resources averaged annually. Green-e Energy Certified New2 Renewables in [PRODUCT NAME] [YEAR] -Biomass % -Geothermal % -Low impact hydroelectric3 % -Solar % -Wind % Total Green-e Energy Certified New Renewables % Generation Location 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil (x %), Natural Gas (x %), Hydroelectric ( x %), and Other (x %). This resource mix was prepared in accordance with [a specific state law; a particular best practice standard; other cited source]. The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. Template 1a: Electricity Products with Renewable Portfolio Standard Renewable Energy Allowed under Section III.D of the Green-e Energy National Standard © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 22 [YEAR HISTORIC/PROSPECTIVE] PRODUCT CONTENT LABEL1 [PRODUCT NAME] covers 100% of your electricity usage. A percentage of this product’s renewable content, listed below, is satisfied by renewable portfolio standard (RPS) statemandated renewables that also meet Green-e Energy eligibility rules, up to the [%] renewables that [Seller] must provide you under State’s RPS rules. 100% of the product’s renewable electricity content is Green-e Energy certified. In [YEAR], [PRODUCT NAME] [was/will be] made up of the following new renewable resources averaged annually. Green-e Energy Eligible New2 Renewables in [PRODUCT NAME] Resource Type Voluntary Renewables Voluntary Generation Location Mandated Renewables Mandated Resource Location Biomass 20% MD 2% PA Geothermal % % Hydroelectric3 % % Solar 2% WV % Wind 73% PA, MD 3% Total Green-e Energy Certified New Renewables VA 100% 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil ( x %), Natural Gas ( x %), Hydroelectric ( x %), and Other ( x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. Alternative format: © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 23 [YEAR HISTORIC/PROSPECTIVE] PRODUCT CONTENT LABEL1 [PRODUCT NAME] matches X% of your electricity usage. A percentage of this product’s renewable content, listed below, is satisfied by renewable portfolio standard (RPS) state-mandated renewables that also meet Green-e Energy eligibility rules, up to the X% renewables that [XXXX Company] must provide you under State’s RPS rules. 100% of the product’s renewable electricity content is Green-e Energy certified. In [YEAR], [PRODUCT NAME] [was/will be] made up of the following new renewable resources averaged annually. Green-e Energy Eligible Mandated Renewables in [PRODUCT NAME] Generation Location -Biomass % -Geothermal % -Hydroelectric3 % -Solar % -Wind 5% Total Eligible Mandated New Renewables 5% Green-e Energy Certified Voluntary New2 Renewables in [PRODUCT NAME] -Biomass % -Geothermal 80% -Hydroelectric3 % -Solar % -Wind 15% Total Green-e Energy Certified Voluntary New Renewables 95% Total Certified New Renewables 100% Idaho Generation Location Washington Idaho 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil ( x %), Natural Gas ( x %), Hydroelectric ( x %), and Other ( x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 24 Template 1b: Percent-of-Use Electricity Products With Less Than 100% Green-e Energy Certified Renewable Energy [YEAR HISTORIC/PROSPECTIVE] PRODUCT CONTENT LABEL 1 [PRODUCT NAME] provides [% less than 100] of your electricity usage with new Green-e Energy certified renewable energy. In [YEAR], [PRODUCT NAME] [was/will be] made up of the following renewable resources averaged annually. Green-e Energy Certified New2 Renewables in [PRODUCT NAME] -Biomass % -Geothermal % -Low impact hydroelectric3 % -Solar % -Wind % Total Green-e Energy Certified New Renewables [number < 100]% Generation Location 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil (x %), Natural Gas (x %), Hydroelectric (x %), and Other (x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. The remaining [%] of electricity is not Green-e Energy certified. Resources— Generation Location -Wind ( RPS Mandated Renewables) % -Hydroelectric ( RPS Mandated Renewables) % -etc. % Total RPS Mandated Renewables [RPS percent]% Natural Gas % © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 25 Template 2: Optional Combined HPCL and PPCL for Electricity Products Sold in Blocks PRODUCT CONTENT LABEL1 [PRODUCT NAME] is sold in blocks of [###] kilowatt-hours (kWh). This table provides the renewable resource mix in [PRODUCT NAME] in [YEAR], as well as the projected resource mix in [YEAR+1]. Green-e Energy Eligible New2 Renewables in [PRODUCT NAME] [YEAR] - Historic [YEAR +1] - Prospective % % Generation Location Biomass % % Geothermal % % Hydroelectric3 % % Solar % % Wind % % Generation Location 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil ( x %), Natural Gas ( x %), Hydroelectric ( x %), and Other ( x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 26 Template 3: Electricity Product Marketed in kW or Shares [YEAR HISTORIC/PROSPECTIVE] PRODUCT CONTENT LABEL1 [Product Name] is a renewable electricity product. This product is sold in kW]. A purchase of __kW has an estimated output of ___ annually. The average home in your area requires __kW to power it for one year. Purchase of a certain capacity (kW) does not guarantee a certain amount of output (renewable energy kWh) will be produced. Individual units’ output may vary based on weather, efficiency and other factors. [PRODUCT NAME] is sold in blocks of [###] kilowatts In [YEAR], [PRODUCT NAME] [was/will be] made up of the following renewable resources. Green-e Energy Certified New2 Renewable Energy in [PRODUCT NAME] Generation Location Solar 100% City, State TOTAL 100% 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil (x %), Natural Gas (x %), Hydroelectric ( x %), and Other ( x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 27 Template 4: All REC Products [YEAR HISTORIC/PROSPECTIVE] PRODUCT CONTENT LABEL1 [Product Name] is a Renewable Energy Certificate (REC) product and does not contain electricity, which may be billed separately or by a separate company. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For more information, see [hyperlink to Participant webpage containing long REC disclosure language]. [PRODUCT NAME] is sold in blocks of [###] kilowatt-hours (kWh) or matches X% of your electricity usage. In [YEAR], [PRODUCT NAME] [was/will be] made up of the following renewable resources. Green-e Energy Certified New2 Renewables in [PRODUCT NAME] Generation Location -Biomass % -Geothermal % -Hydroelectric3 % -Solar 50% National -Wind 50% National TOTAL % 1. [For PPCL] These figures reflect the renewables that we have contracted to provide. Actual figures may vary according to resource availability. We will annually report to you before August 1 of next year in the form of a Historic Product Content Label the actual resource mix of the electricity you purchased. [or, for HPCL: These figures reflect the power delivered to [Product name]’s customers in [year].] 2. New Renewables come from generation facilities that first began commercial operation within the past 15 years. [include the following language if applicable: “This product includes generation from a facility that is approved under a strict set of criteria as repowered” or “This product includes generation from a facility that is approved for extended use by Green-e Energy.”] 3. Eligible hydroelectric facilities are defined in the Green-e Energy National Standard (www.green-e.org/getcert_re_stan.shtml) and include facilities certified by the Low Impact Hydropower Institute (LIHI) (www.lowimpacthydro.org) or EcoLogo (www.ecologo.org); and facilities comprised of a turbine in a pipeline or a turbine in an irrigation canal. For comparison, the current average mix of resources supplying [region or your electric utility] includes: Coal (x%), Nuclear (x%), Oil ( x %), Natural Gas ( x %), Hydroelectric ( x %), and Other ( x %). This resource mix was prepared in accordance with [XX state law; a particular best practice standard; other cited source] The average home in the United States uses 909 kWh per month. [Source: U.S. EIA, 2013] For specific information about this electricity product, please contact [Company Name], [phone], [website]. [Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 28 C3. Annual Update of the Prospective Product Content Label Each year, the Prospective Product Content Label must be updated by March 1 to reflect the mix of resources planned to be offered in the new calendar year (See Section III.A “Estimated Timeline for Processes”). Customers in automatic renewing subscriptions must receive the updated Prospective Product Content Label annually by March 1 (See Section IV.B2). All Single Mix products: The Prospective Product Content Label must be available to potential customers on the participant’s website by March 1. Multiple Mix products: Multiple Mix products are not required to have a Prospective Product Content Label posted online. C4. Annual Update and Delivery of Historical Product Content Label The Historical Product Content Label (the certified product mix delivered to customers the previous year) must be sent to all existing customers by August 1 of the following year, regardless of whether or not the mix has changed from the year prior. Customers who received the certified product but are no longer purchasing the product from the participant must also receive the Historical Product Content Label applicable to their period of purchase if the participant still has the ability to contact the customer. Green Pricing Programs can request an extension to October 1 at the latest if they demonstrate need. For one-time sales of certified products where the Historical Product Content Label is provided at the time of purchase, see Section IV.B2. In cases where a “Green-e Energy Certified Product Mix Change worksheet” has been received and approved by Green-e as per Section III.E1 of this document, the approved change in the resource mix and the reason for the change must be included on that Reporting Year’s Historical Product Content Label. Green-e must approve the language used by the participant in describing the reason for the approved resource mix change prior to the issuance of the Historical Product Content Label to a participant’s customers. For Single Mix products: The updated Historical Product Content Label for the previous year must be present on the participant’s website each year by August 1. The website posting must meet the display requirements listed in Section IV.E8. For Multiple Mix products: Participants are not required to post the Historical Product Content Label on the participant website for multiple mix products. D. Price, Terms, and Conditions (PTC) Each Participant must provide all customers with a Price, Terms, and Conditions (PTC) disclosure document that clearly describe the customer’s responsibilities in purchasing the © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 29 Green-e Energy certified product. The PTC must be in a simple and easily understandable format; there is no required format, but a sample template is provided in the Code of Conduct Guidance Document. D1. Delivery Requirements for the Price, Terms, and Conditions The PTC must be sent to new customers within 60 days of purchasing the certified product as a part of their Welcome Packet (see Section IV.B.3). The PTC must be sent to all existing customers (including customers engaged in automatic renewing contracts, and those purchasing single mix and multiple mix products) any time the mix changes significantly. Required notification of such significant change must allow customers at least 30 days to cancel without penalty or fee for such cancellation. All required information must be found within the same document which serves as the PTC. For multiple mix products, the contract may serve as the PTC if all of the required information is included. D2. Required Information for Price, Terms, and Conditions The Price, Terms, and Conditions must include: a) The Green-e Energy Logo (as used in Sections IV.A.1 and IV.A.2 of this document) b) The following language for describing Green-e Energy: “[Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.” c) Company name: Name of the Participant company and any joint venture partners from whom the customer is purchasing or with whom the customer is contracting (if a subsidiary or joint venture, both names). Such information must be prominently displayed to customers and must match the name provided to Green-e d) Company contact information: Primary customer service contact information, including customer service number, address, email and website e) Contract length: Duration of the contract (in months) f) The cost of the certified product: This includes the price of the certified product, taxes, and any other charges. REC products sold by an electricity provider must list the premium of the REC product separately from electricity sold to the customer. Current prices must be listed on the PTC for each mailing, must always be available upon request or on company website, and must include the rate structure (either fixed or variable) of the product. If the rate structure will change in the future (for example, from an introductory fixed rate to a variable rate), a schedule must be disclosed to the customer. If variable rate applies, disclose what this means and that the prices will change and the frequency at which they will change (e.g. monthly) © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 30 g) Product Content Label: If electronic format, the PCL must be hyperlinked within electronic versions of the PTC h) Any other potential charges: including, but not limited to, the obligations/charges associated with terminating the contract or changing from the current certified product resource mix i) Bill logistics: Information on how customer will be billed and who will bill the customer a. REC products: Include the following billing disclosure language: “The price of RECs is in addition to charges for your electricity. You will be charged separately for your electricity charges from [Participant name, or “your utility”] j) For REC products, REC disclosure language: “[Product Name] is a Renewable Energy Certificate (REC) product and does not contain electricity, which may be billed separately or by a separate company. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For more information, see [hyperlink to Participant webpage containing long REC disclosure language]” k) Any other conditions: If there are state guidelines for format and content of PTC, a Participant must adhere to the state guidelines, provided that the Green-e Energy requirements described above are met. If the state required format is excessively long or unclear, then it is suggested that Participants also supply their customers with a summary sheet of key information E. Additional Required and Restricted Language E1. General Guidance on Acceptable Marketing Language Only use environmental marketing claims in advertising that are clear, factually based, and: a) Do not overstate environmental attributes or benefits, expressly or by implication b) Present comparative claims in a clear manner to avoid customer confusion c) Do not represent or imply that purchasing the certified product will reduce emissions that are capped under state or federal law, such as sulfur dioxide or nitrogen oxides (unless from generator is in an attainment region for NOx), unless company has secured those emissions allowances and is conveying them to the end-use customer (see the Green-e Energy National Standard for more information, as well as Section IV.E.3. “Emissions Avoidance Value of Renewable Energy Products, Including Biomass”); d) Only compare a product’s generation sources to other generation sources in a clear, factual and non-deceptive way e) Do not make statements such as, “This product is made from 100% renewable resources such as wind, solar, geothermal, low-impact hydro and biomass,” unless the product contains specific purchases of all of those resources. Participants may describe their © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 31 f) g) h) i) j) k) l) product mix and may define renewable resources, but must always be clear and differentiate the type of power that is actually contained in their specific products Do not state or imply something untrue, such as purchasing this product results in electrons going directly from the generation unit to a purchaser’s house. However, it is acceptable to say that you are delivering electricity from a particular facility if the RECs come from that facility and electricity is also being delivered as part of the product Language used to describe renewable resources in a general way must also provide clarity about which specific resource types are contained in the Green-e Energy certified product offered Do not show pictures of renewable resources that are not contained in your product mix. For example, do not show a picture of a wind turbine if your product contains 100% landfill gas Do not make claims about renewable power that is found in the default system mix as being Green-e Energy certified, except in the specific instances allowed in Section III.D the Green-e Energy National Standard. Renewables in system power that are listed in a PCL or marketing statements must be categorized under the “non-certified” portion of an electricity product and specifically labeled as “non-certified” or “not certified” When describing, advertising, offering, or selling both certified and non-certified products on the same marketing piece or website, clearly differentiate between which products are Green-e Energy certified and which products are not Green-e Energy certified. In this case, the Green-e Energy logo can only appear in association with the certified products and nowhere else on the marketing piece or website Each separate certified product must have a distinct and consistently-used name to avoid confusion about what consumers are purchasing and whether it is certified, and such product names must not contain the word “Green-e” or “certified” Do not refer to RECs as offsets. Further, because of the confusion that such marketing can cause, it is recommended that marketing materials for certified renewable energy products not use the word “offset” as a verb in order to avoid customer confusion. Please note that this policy does not preclude Green-e Energy participants from making environmental equivalency claims; see Section III.E.3 below E2. Renewable Energy Certificate (REC) Disclosure Language Approved Renewable Energy Certificate (REC) disclosure language is required on certain materials. Green-e Energy allows REC sellers to refer to their product as “renewable energy,” “green power,” or similar as they are required to display the Short REC Disclosure Language on all materials with a subscription mechanism. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 32 a. Short REC Disclosure Language This language must be fully visible on the Prospective Product Content Label, Historic Product Content Label, Price, Terms, and Conditions, and all marketing materials with a subscription mechanism (including prior to sign up through websites): [Product Name] is a Renewable Energy Certificate (REC) product and does not contain electricity, which may be billed separately or by a separate company. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For more information, see [hyperlink to Participant webpage containing long REC disclosure language]. The Short REC Disclosure Language must contain a link to the Long REC Disclosure Language hosted on the Participant’s website. b. Long REC Disclosure Language The Long REC Disclosure Language must be included in customer Welcome Packets, and on the Participant website (on the certified product page or in a general Frequently Asked Questions) if the certified product is referenced. See other website requirements in Section IV.E.8 and Section IV.F.1. The Long REC Disclosure Language may be either fully displayed or a link. If a link, a sentence such as the following must be included: “For more information about Renewable Energy Certificates (RECs), see: [hyperlink to Participant webpage containing long REC disclosure language]”. “Your purchase of Renewable Energy Certificates (RECs) supports renewable electricity production in the region of generation. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your electricity service you are using and receiving the benefits of that renewable electricity. You will continue to receive a separate electricity bill from your utility for electricity service [if applicable]. Your REC purchase also helps build a market for renewable electricity. Increased demand for and generation of renewable electricity helps reduce conventional electricity generation in the region where the renewable electricity generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in [Product Name] are verified and certified by Green-e Energy, and [Company Name] is required to disclose the quantity, type and geographic source of each certificate. Please see the Product Content Label for this information. Green-e Energy also verifies that the renewable certificates are not sold more than once or claimed by more than one party. For information on Green-e Energy please visit its website, www.green-e.org.” © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 33 E3. Emissions Avoidance Value of Renewable Energy Products, Including Biomass Green-e Energy certified products must be denominated in common electricity terms (e.g. megawatt-hours (MWh), kilowatt-hours (kWh), kilowatts (kW), percentage of a user’s kWh of electricity consumption). Participants can market their certified products as instruments to address the environmental impacts traditionally associated with the consumption of electricity. One such impact is the emission of carbon dioxide resulting from the generation of electricity using fossil fuels. Consuming electricity with zero-emission generation attributes therefore reduces or (if it represents 100% of consumption) eliminates altogether the indirect carbon dioxide emissions associated with the user’s consumption of purchased electricity, classified as “Scope 2” emissions by the World Resources Institute’s Greenhouse Gas Protocol. In addition, as zero-emission generation displaces emitting generation on the electricity grid, the corresponding avoided grid emissions can also be claimed as a benefit of the zero-emission electricity consumed (provided that emissions from the electricity sector are not capped under a cap-and-trade system without a renewable energy set aside or similar mechanism).7 The implicit or explicit marketing of Green-e Energy certified renewable electricity and REC products as a means to address or reduce emissions from anything other than the consumption of electricity purchased from the grid shall not be permitted. Likewise, statements about the certified product causing global reductions in emissions are not permitted. Reducing emissions from sources other than electricity must be done directly or with carbon offsets held to a different set of quality criteria, including additionality criteria. This can be accomplished with products certified by Green-e Climate. For further information about Green-e Climate, including how to begin offering a Green-e Climate certified product, please visit www.greene.org/climate or contact Green-e Climate at climate@green-e.org or 415-561-2100. Related to this, Green-e Energy recommends that marketing materials for certified renewable energy products not use the word “offset” as a verb in order to avoid customer confusion. Please note that this policy does not preclude Green-e Energy participants from making environmental equivalency claims associated with the renewable electricity and REC products that they sell, including carbon-related equivalency claims associated with the avoided grid emissions benefit. a. Statements Related to Renewable Resources other than Biomass Below are examples of carbon-equivalency statements that a Participant may use in marketing materials when selling renewable energy products that are comprised of renewable resources other than biomass. These first four statements are related to the emissions that would have 7 It is important to note that these avoided emissions do not necessarily represent a reduction beyond a global business-as-usual scenario and therefore cannot be traded as emissions reductions or used to address emissions outside of the electricity sector. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 34 occurred if the renewable electricity was not generated (avoided grid emissions), and not any emissions changes that result from the purchase of the certified product: The generation of the renewable energy you choose instead of your regular electric service has a greenhouse gas benefit equivalent to… (e.g. taking X # of cars off the road for one year or recycling X # of aluminum cans) The 100% renewable electricity that you choose over your regular electric service has a greenhouse gas benefit equivalent to… Compared to your regular electric service, choosing 100% renewable energy means choosing electricity that has a greenhouse gas benefit equivalent to… Participant’s 100% renewable energy product has a greenhouse gas benefit equivalent to… if you purchase X MWh annually. Carbon equivalency numbers provided by the EPA Greenhouse Gas Equivalencies Calculator8 are also permitted as long as that calculator is cited. Participants shall not use any of these claims to suggest that the purchase of a Green-e Energy certified product can be used to directly address emissions associated with activities other than electricity consumption, but rather to frame the environmental benefit of renewable energy in a manner that the average consumer will better understand. The first step in making such claims is often a conversion to metric tons of CO2 emissions avoided. The maximum conversion factor that Green-e Energy permits for use in such carbonrelated equivalency claims is based on the non-baseload output emission rate of electricity generation9 of the NERC region in which the renewable MWh is generated10. In cases where a Participant does not explicitly provide upfront geographic disclosure of a certified REC product’s supply to consumers, the maximum rate that may be used is the non-baseload output emission rate of electricity generation in the NERC region with the lowest of such a rate at the time the equivalency language is first published, which is available from the EPA’s eGRID database. Participants are responsible for emissions equivalency statements made on marketing materials. Green-e Energy recognizes that Participants may want to use another methodology to make these conversions for equivalency claims in certain cases. Participants can only use rates higher than non-baseload output emission rate for the relevant NERC region of generation with the 8 Available at: http://www.epa.gov/cleanenergy/energy-resources/calculator.html This rate is effectively the emissions from marginal grid generation, and is appropriate where renewable electricity generation’s direct emissions are zero. This is consistent with the EPA’s electricity carbon calculator, which uses non-baseload output emissions rates. However, use of emissions from marginal grid generation may not be appropriate for renewable generation with positive direct emissions, for example generation from biomass fuels. All carbon equivalency statements must be supported by generally acceptable scientific methodologies. Green-e does not endorse such statements when positive direct emissions exist. 10 Programs that specifically work with end-use consumers in communicating or recognizing their renewable energy purchases may require consumers to use a separate methodology for deriving the carbon value of renewable energy purchases, including using different conversion factors or calculating rates by different regions of generation. End-use consumers will need to work directly with these separate programs to determine what environmental claims are permitted under their respective guidelines. 9 © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 35 express pre-approval from the Center for Resource Solutions. In cases where such exceptions are granted, it will be required that in all marketing materials displaying such carbon equivalency claims that the source of the calculation methodology used is appropriately cited. Participants may, however, use rates below the maximum levels in the prior paragraph without the need to seek pre-approval from the Center for Resource Solutions. Regardless of the methodology and/or emission rates used, all Participants must be able to provide their carbon calculation methodology to substantiate stated environmental claims upon request. The following three statements may be used to describe the retail electricity user’s emissions from using renewables (their Scope 2 emissions), and are related to the emissions that the user would have been responsible for if they used system power instead of purchasing renewables: Generation of [the Green-e Energy certified product] did not cause direct greenhouse gas emissions By purchasing [the certified product] you are able to report zero Scope 2 emissions By purchasing [the certified product] you are reducing your greenhouse gas footprint compared to your regular electricity service / to your electricity use before your renewable energy purchase In the case of Scope 2 emissions, any communication of the actual amount that the user’s footprint is reduced must be based on the residual mix emissions rate for the NERC region of the electricity user, in order to be consistent with the WRI GHG Protocol. Green-e Energy publishes residual mix figures annually, available online at: Green-e Energy National Standard and Governing Documents. b. Statements Related to Biomass Resources Biomass resources used to generate electricity must not be referred to as a “zero emissions resource” and neither do they have zero direct carbon emissions when used to generate electricity. Green-e Energy does not provide a methodology for accounting for carbon emissions associated with biomass energy products. If emissions from using biomass resources to generate electricity are quantified and used in marketing materials (including calculations of net emissions, offsite carbon sequestration, and/or avoided fossil emissions), the following language must be included on the marketing piece referring to emissions from this resource: “Green-e Energy does not certify or verify carbon emissions claims or methodologies for calculating emissions related to biomass.” E4. Statements Implying Carbon Neutrality Green-e does not support or endorse claims of carbon neutrality as they are highly likely to be misleading and extremely difficult to prove. Carbon-neutral claims may not be made about or in relation to Green-e Energy certified products, and therefore cannot be present on Product © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 36 Content Labels or Price, Terms, and Conditions, or other marketing materials for the certified product. If a claim of carbon neutrality is made about a non-certified product, and this statement is in proximity to discussion of the Green-e Energy certified product, the following clarifying language must be located immediately beside the claim, “Green-e Energy does not verify this claim.” E5. Describing Products with Special Features Green-e Energy certifies products that meet its criteria. Participants may wish to market aspects of a certified product that fall outside of these criteria. In such cases, it is necessary for the Participant to clearly state that Green-e Energy does not certify certain aspects of the product. For example, if the Participant is claiming that part or all of the revenue associated with sales of the certified product is allocated toward avian protection, it must be clearly stated in the area where this aspect of the product is discussed that Green-e Energy does not certify the avian protection aspect, only the certified product itself. Likewise, if the Participant is claiming that a specific portion of revenue associated with sales of the certified product is set aside for development of new renewable energy projects, the Participant must clearly state in the area where this aspect of the product is discussed that this activity is not verified by Green-e Energy, and that only the product itself is certified. E6. Statements Implying Local or Regional Benefits Local or regional claims require disclosure of the state of generation (matching the Product Content Label), in support of any claims made, on the same marketing item or page. E7. Advertising Through TV, Radio, and Electronic Media Regardless of the medium, all advertising must follow the same requirements. For example, all subscription mechanisms advertising REC products require Short REC Disclosure Language. If customers can subscribe or buy the certified product through a form of electronic media, such as a mobile interface, subscription mechanism requirements apply (see Section IV.F). E8. All Websites Any and all information related to the certified product provided on the Participant’s website must be clear and not deceptive. Websites that do not market the certified product in any way do not need to include specific information about Green-e Energy or provide Product Content Labels or Price, Terms and Conditions. Websites that make reference to a certified product must include the following on the most prominent product webpage: © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 37 a) The Green-e Energy description language, which must be fully visible with the “Green-e Energy certified” logo: “[Product Name] is Green-e Energy certified, and meets the environmental and consumer-protection standards set forth by the nonprofit Center for Resource Solutions. Learn more at www.green-e.org.” Note: By fully displaying the PPCL and the PTC the participant meets this requirement. b) For single mix and Utility Green Pricing products only: The most-recent PPCL, HPCL, and PTC. For single mix products: The PTC must be visible and prominently displayed on the certified product’s website, available to all customers prior to purchase. Multiple mix products are not required to post the PTC on the website, but must meet all other PTC requirements for distribution. The documents may be either fully and prominently displayed on the product page or accessible through hyperlinks displayed to the customer prior to purchase, which must be clearly labeled to reflect the contents and include the document names of “Prospective Product Content Label,” “Historic Product Content Label,” and “Price, Terms, and Conditions,” as applicable, at a minimum. The links must be accompanied with a descriptive sentence, such as, as applicable: “For a complete list of the resources included in [Product Name] view the Prospective Product Content Label.” “To see what customers received last year, view the Historic Product Content Label.” “To view highlights of the conditions of your subscription, see the Price, Terms, and Conditions.” For information about when the PPCL, HPCL and PTC are required to be updated, see Section IV. For REC products only: The Participant website must include the Long REC Disclosure Language, which may be fully displayed or accessible through a link. See Section IV.E.2 for the specific Long REC Disclose Language. If using a link, a sentence such as the following must be included: “Information about Renewable Energy Certificates (RECs):” Participants that do not reference the certified product on their website are not required to display the Long REC Disclosure Language on their website, but the language must be sent to the customer as part of the Welcome Packet. Multiple-mix products may satisfy this requirement by providing a link to the Long REC Disclosure Language on the Green-e website within the welcome packet. For information on websites that also function as a sales channel see section on Subscription Mechanisms (below). © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 38 F. Sales Channels/Subscription Mechanisms F1. Rules that Apply to All Sales Channels/Subscription Mechanisms The following rules apply to all mechanisms through which a customer can enroll in or purchase a certified product. Additional requirements and exceptions are noted in the applicable sales channel subsection below. All materials with subscriptions mechanisms made available to residential and commercial customers prior to subscription, enrollment, or purchase (whichever applies) must contain the following information: a) Resource mix: The renewable energy sources used to supply the product and the resource mix (%) found on the Prospective Product Content Label a. Multiple Mix Products: (See Section IV.C.3 for instructions on how multiple-mix products can list “Any of the following resource types” and then list resources using “or.”) Multiple Mix Products may specify “lowest cost source” here b) Geographic location: Prospective geographic location of renewable energy sources as listed on the current Prospective Product Content Label. REC products may list “Lower 48 states,” (sourcing from Canadian Provinces, Alaska, or U.S. territories requires disclosure, and all “National” products must source only from the lower 48 states) electricity products must specify the state or states of generation, for example “may be generated in GA, AL, or FL.” See Section III.E for instructions on using “or” and “and” in location lists c) Price: Product’s rate structure and enrollment level options (either kWh block or percentage of electricity use). If the price is variable, then the average price over the course of the most recent year should be disclosed if possible. If such data is not available because the program is new, then an estimation should be provided. Variable pricing requires disclosure of the factors that determine pricing. Variable pricing should include information about the frequency of the variations and the average variability if possible d) Contract length: Required contract length (if any) and fee for early termination (if applicable) e) The “Green-e Energy certified” Logo: with www.green-e.org or the Green-e Energy description language from Section IV.A.2 f) For REC products only: the Short REC Disclosure Language in IV.E.2 must also be fully visible This requirement could also be met by displaying the Long REC Disclosure Language (Section IV.E.2.b) prior to purchase. As a reminder, additional disclosures will be provided to customers in the form of the Welcome Packet, sent to the customer within 60 days of sign up, per Section IV.B.3. All other © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 39 requirements of the Green-e Energy Code of Conduct (such as Historic Product Content Label disclosure) apply. Note that by displaying the PPCL and PTC prominently on the subscription mechanism itself, many of the above requirements are achieved. F2. All Sales Channels: Participant Must Directly Control All Marketing Materials Participants must maintain control over all advertising and sales channels of their certified product. Third parties without contracts with Center for Resource Solutions (CRS) may endorse or refer customers to Participants selling Green-e Energy certified products, but they cannot sell certified products themselves, advertise that they do so, or use the Green-e Energy logo. It must always be clear to prospective customers who the seller of a Green-e Energy certified product is and which party has the contract with CRS. For all Participants, including multi-level marketers, all sales must be done through the company (the “contracted company”) that has a contract with CRS. This allows affiliated sales associates to direct potential customers to the contracted company’s website or phone service, but does not allow such sales associates to sell directly through their own website. Sales associates are not allowed to use marketing materials that have not been provided by the contracted company. All websites and marketing materials must be provided by the contracted company to sales associates. This includes any reference to the product online. In addition, Green-e may require all marketing materials also be pre-approved by Green-e. Multi-level marketers must collect all marketing information, including screenshots / images of affiliated websites for the Marketing Compliance Review submission. Multi-level marketers are not eligible to move to annual Marketing Compliance Review. Multi-level marketers must include language in each instance where the Green-e Logo is used, as well as in the PCL and PTC, stating that Green-e Energy certifies the product and not the company or the company’s business structure. F3. Sales Channel: Websites In addition to the requirements for websites listed in Section IV.E.8, websites with subscription mechanisms must display the disclosure requirements for materials with a subscription mechanism listed in Section IV.F.1 above (the product’s resource mix, geographic location, price/rate structure, contract length, and REC language where applicable). All requirements must be fully visible to the customer prior to completing sign up. Websites offering REC products: the REC Disclosure Language in Sections IV.E.2.a and IV.E.2.b are required. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 40 F4. Sales Channel: Bill Inserts/Paper Sign-up Forms All subscription mechanism disclosure requirements in the first part of Section IV.F.1 apply. Physical enrollment forms (such as physical mailers, bill inserts, postcard enrollment forms, etc.) must include the certified product’s resource mix, geographic location, price/rate structure, contract length, and Short REC disclosure Language (if a REC product). See Section IV.F.1 for details on these requirements. F5. Sales Channel: Door-to-Door Cold Marketing All subscription mechanism requirements apply. All enrollment forms used must include the certified product’s resource mix, geographic location, price/rate structure, contract length, and REC disclosure (if a REC product). See Section IV.F.1 for details on these requirements. F6. Sales Channel: Relationship and Warm Marketing All subscription mechanism requirements apply. All enrollment forms used must include the certified product’s resource mix, geographic location, price/rate structure, contract length, and REC disclosure (if a REC product). See Section IV.F.1 for details on these requirements. All marketing materials must be controlled and approved by the Participant. All sales must be conducted through the company with a contract with Green-e, e.g. through the parent company website where the customer has the opportunity to view required disclosures on the parent company website. F7. Sales Channel: Electronic Media All subscription mechanism requirements apply. Electronic subscriptions mechanisms (such as social media, mobile apps, electronic interfaces at kiosks, etc.) must include the certified product’s resource mix, geographic location, price/rate structure, contract length, and REC disclosure (if a REC product), even in cases with minimal space for disclosure. See Section IV.F.1 for details on these requirements. F8. Sales Channel: Customer Service Center All Participants selling a single mix product must communicate the following to customers who call with questions about the certified product in these terms or similar as approved by Green-e Energy. This section also applies to third-party verification (TPV) enrollment software. We do not require 24-hour availability, but representatives should respond within 48 hours. For certified competitive electricity and green pricing electricity products: “We [or, Company Name] offer [Product Name]. It is made up of electricity generated from [list all resource type(s) found on Prospective Product Content Label] [power / energy] located in [insert names of states or region listed on Prospective Product Content Label]. Would you like to know more about [Product Name]?” © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 41 For certified REC products: “We [or, Company Name] offer [Product Name]. It is made up of [list all resource type(s) found on Prospective Content Label] renewable energy certificates generated [“in the lower 48 US States,” or as specific as the names of the states listed on the Prospective Product Content Label]. [Product Name] does not contain electricity, which may be billed separately or by a separate company. Renewable electricity generation and use are tracked through RECs, and so by matching RECs with your electricity service you are using renewable electricity. Would you like to know more about [Product Name]?” See the Code of Conduct Guidance Document for an optional short guide for call center representatives, and additional guidance for call center scripts. G. Special Requirements on Brokers Brokers must ensure that the purchaser of a product certified by virtue of broker’s contract with CRS receives all of the required information from either the broker or the seller. The purchaser must receive a Prospective Product Content Label; a Historic Product Content Label; and a Price, Terms, and Conditions. Prospective Product Content Label disclosure may not apply if the exact product mix is known at the time of sale (see Section IV.B.1). H. Special Requirements for Certified Wholesale Sales There are no special requirements that apply only to certified wholesale sales; for example, all PCL, PTC and marketing rules apply to wholesale sales. In cases where the wholesale seller is a Participant selling a certified wholesale product and the purchaser is a Participant buying supply for its certified product, the purchasing Participant may need to specifically request a wholesale product comprised of resources that are compatible with the resource mix the purchasing Participant is offering in its own certified product in order to meet the requirements of this Code of Conduct. Sellers are not allowed to misrepresent the products certification status in a way that implies certification survives resale by the purchaser. I. Utility and Developer Requirements for California Enhanced Community Renewables Program (SB43) California Investor-Owner Utilities are required to ensure all required disclosures are conveyed to the customer. See Green-e Energy Enhanced Community Renewables Developer Requirements at Green-e Energy National Standard and Governing Documents. © 2015 Center for Resource Solutions. All rights reserved. Green-e Energy Code of Conduct 42