[Ord. 581, 10/11/2010, § 1]
Municipal Energy Aggregation Ordinance of the Home Rule Borough
of Edinboro.
[Ord. 581, 10/11/2010, § 2]
The following definitions shall be used in reference to the
provisions of this section:
The entity with which the Home Rule Borough of Edinboro has
contracted through the Municipal Energy Aggregation Program to provide
a supply of electricity.
Electricity consumers (1) that have opted out of the Municipal Aggregation Program pursuant to the provisions of § 13-605, below; (2) that have a special contract or agreement with an electric distribution company; (3) 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; (4) 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 (5) 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 Home Rule Borough of Edinboro
and small commercial consumers within the Home Rule Borough of Edinboro
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 Home Rule Borough
of Edinboro on an opt-out basis.
An electricity consumer within the Home Rule Borough of Edinboro
which or who is not an excluded consumer.
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Other terms defined in this section are so defined in this Part
by reference.
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[Ord. 581, 10/11/2010, § 3]
All non-excluded consumers shall be supplied with electric generation
supply pursuant to the Municipal Energy Aggregation Program.
[Ord. 581, 10/11/2010, § 4]
1.
On approval of Borough Council, the Borough Manager of the Home Rule
Borough of Edinboro is authorized to enter into an agreement with
an electric generation supplier for the providing of electric generation
supply services to nonexcluded consumers within the Home Rule Borough
of Edinboro on an opt-out basis.
2.
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; liability coverage; indemnification, and that the supplier
can satisfy certain requirements including, but not limited to, that
they have sufficient sources of power to provide retail electrical
power to the residents of the Borough of Edinboro and is licensed
by the PUC.
A.
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 Home Rule Borough
of Edinboro, the applicable rate(s) to non-excluded consumers within
each rate class shall be described.
3.
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 § 13-605 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.
4.
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 different from the particular term, condition,
fee, or charge which was included within the contract between the
Home Rule Borough of Edinboro and the contracted electric generation
supplier or the notices provided pursuant to this section.
5.
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 Home Rule Borough of Edinboro.
[Ord. 581, 10/11/2010, § 5]
1.
The Municipal Energy Aggregation Program shall be offered on an opt-out
basis.
2.
After the Home Rule Borough of Edinboro 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:
A.
Disclosure of the price that the contracted electric generation supplier
will charge non-excluded consumers for electric generation service.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Disclosure of any credit, collection and/or deposit policies and
requirements.
G.
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.
H.
A description of the process and associated time period for consumers
to opt out of the Municipal Aggregation Program.
I.
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.
