The "Municipal Energy Aggregation Ordinance" of the City of Farrell.
[HISTORY: Adopted by the City Council of the City of Farrell as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-25-2010 by Ord. No. O-4-2010]
A. CONTRACTED ELECTRIC GENERATION SUPPLIER EXCLUDED CONSUMERS(1) (2) (3) (4) (5) MUNICIPAL ENERGY AGGREGATION MUNICIPAL ENERGY AGGREGATION PROGRAM NON-EXCLUDED CONSUMER
The following definitions shall be used in reference to the provisions of this section:
The entity with which the City of Farrell has contracted through the Municipal Energy Aggregation Program to provide a supply of electricity.
Electricity consumers:
That have opted out of the Municipal Aggregation Program pursuant to the provisions of § 343-5, below;
That have a special contract or agreement with an electric distribution company;
Other than residential consumers who are classified as retail electric consumers or small commercial consumers which are under a small commercial, small industrial or small business rate classification, and whose maximum registered peak load was less than 25 kW within the last 12 months;
That are enrolled in an electric distribution company's customer assistance program that does not include any electric generation supplier charges in the calculation of the customer assistance program benefit; or
That are end-use consumers served or authorized to be served by an electric cooperative.
The aggregation of residential consumers who are classified as retail electric consumers within the City of Farrell and small commercial consumers within the City of Farrell which are under a small commercial, small industrial or small business rate classification, and whose maximum registered peak load was less than 25 kW within the last 12 months.
The Program negotiated with the Contracted Electric Generation Supplier which provides a supply of electricity to certain residential and small commercial electricity consumers within the City of Farrell on an opt-out basis.
An electricity consumer within the City of Farrell which or who is not an excluded consumer.
B.
Other terms defined in this section are so defined in this article by reference.
All non-excluded consumers shall be supplied with electric generation supply pursuant to the Municipal Energy Aggregation Program.
A.
The City Manager of the City of Farrell is authorized to enter into an agreement with an electric generation supplier for the provision of electric generation supply services to non-excluded consumers within the City of Farrell on an opt-out basis.
B.
The contract shall, at a minimum, clearly indicate the price that the contracted electric generation supplier will charge non-excluded consumers for electric generation supply as well as the term of the contract. If the price is a fixed rate, the price shall be expressed in cents per kilowatt hour. If the contract provides for a percentage-off of the default service rate, or any other type of pricing arrangement, an understandable description of the amount of the percentage discount, or other pricing arrangement, and how the rate may change shall be provided. If the contracted electric generation supplier will charge different rates to different rate classes within the City of Farrell, the applicable rate(s) to non-excluded consumers within each rate class shall be described.
C.
No non-excluded consumer shall be bound by a contract until at least 30 days following the mailing of the opt-out notices required by § 343-5 below, and the expiration of any waiting period for a consumer to cancel the pending change to the electric generation supplier following written confirmation by contracted electric generation supplier.
D.
The contracted electric generation supplier may not impose any terms, conditions, fees or charges on any consumer served by a Municipal Aggregation Program that is materially different from the particular term, condition, fee or charge which was included within the contract between the City of Farrell and the contracted electric generation supplier or the notices provided pursuant to this section.
E.
The contracted electric generation supplier shall provide appropriate consumer education materials to inform consumers about the existence of the Municipal Aggregation Program and the highlights of the program at no cost to the City of Farrell.
A.
The Municipal Energy Aggregation Program shall be offered on an opt-out basis.
B.
After the City of Farrell executes a contract for electric generation services with the contracted electric generation supplier, but prior to including a consumer's electric account or accounts in the Municipal Aggregation Program, the contracted electric generation supplier shall provide each consumer with written notice that the consumer's account(s) will be automatically included in the Municipal Aggregation Program unless the consumer affirmatively opts-out of the Municipal Aggregation Program. The notice, written in plain language, shall, at a minimum, include:
(1)
Disclosure of the price that the contracted electric generation supplier will charge non-excluded consumers for the electric generation service.
(2)
An itemized list and explanation of all fees and charges that are not incorporated into the rates charged for electric generation service that the contracted electric generation supplier will charge to the non-excluded consumer for participating in the Municipal Aggregation Program, including any early termination penalties and any surcharges, or portions thereof, that may be assessed.
(3)
Disclosure of the estimated service commencement date and notice that the non-excluded consumer may opt out of the Municipal Aggregation Program at the end of the term of the contract with the contracted electric general supplier and prior to the commencement of any subsequent municipal aggregation contract.
(4)
A statement informing consumers that if they choose to opt out of the Municipal Aggregation Program they will be served by the default service provider until the consumer chooses an alternative electric generation supplier.
(5)
A statement informing non-excluded consumers that, if they switch back to the default service provider, they may not be served under the same rates, terms and conditions that apply to other non-excluded consumers within the Municipal Aggregation Program.
(6)
Disclosure of any credit, collection and/or deposit policies and requirements.
(7)
Disclosure of any limitations or conditions on consumer acceptance into the Municipal Aggregation Program, including the date by which the consumer must affirmatively opt-out of the program. The date shall not be less than 30 days following the mailing of the opt-out notice.
(8)
A description of the process and associated time period for consumers to opt out of the Municipal Aggregation Program.
(9)
A local or toll free telephone number, with the available calling hours, that consumers may call with questions regarding the formation or operation of the contracted electric generation supplier.
The Master Agreement to provide services to an aggregated group between the City of Farrell and First Energy Solutions Corp. is attached hereto and incorporated as a part of this article, the execution of which is authorized by the proper City officers.