[HISTORY: Adopted by the Township Committee of the Township of Colts Neck as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-2016 by Ord. No. 2016-14]
The Township of Colts Neck ("Township") hereby renews and continues its Government Energy Aggregation Program ("program"), originally established by Ordinance No. 2013-16, in accordance with the provisions of the Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq. ("Act") and the rules of the New Jersey Board of Public Utilities, N.J.A.C. 14:4-6.1 et seq. ("BPU rules"). The type of program shall continue to be an "Option 2" Government Private Energy Aggregation Program, as defined by N.J.A.C. 14:4-6.4 and 6.6, which provides the procedures that a municipality must follow to solicit proposals and enter into a contract for the provision of electric generation service for residential customers (who do not opt-out) and nonresidential customers (which opt-in) within the municipality's geographic boundaries, and shall continue to be known as the "Colts Neck Community Energy Aggregation" ("CNCEA"). The Township shall continue to serve as lead agency of the CNCEA and as such, shall manage said program in accordance with the BPU rules.
As lead agency of the program, and consistent with BPU rules and Ordinance No. 2013-16, on or about January 21, 2014, the Township executed an electric distribution aggregation agreement ("agreement") with Jersey Central Power and Light ("JCP&L"), the electric public utility serving customers within the Township's boundaries. The agreement covers the working relationship between the Township and JCP&L during the establishment and operation of the program. To the extent necessary, the Township shall renew this agreement to ensure its effectiveness during the program, as continued herein. Any such renewal of the agreement shall be in a form acceptable to the Township and as dictated by the BPU rules.
As lead agency of the program, and consistent with BPU rules, the Township shall solicit proposals from third party suppliers ("TPSs") interested in supplying electric generation service to participating customers within the Township's boundaries, and award and enter into a master performance agreement for such electric generation service and energy aggregation services with a TPS, provided that the price of the most qualified proposal is below the prevailing price for utility-provided basic generation service and is as reasonably forecast and estimated by the Township Committee to provide savings to participants (relative to the utility-provided generation service). The specifications and resulting contract shall comply with BPU rules governing same and consistent therewith, the Township shall select the most advantageous proposal, price and other factors considered.
The authorization provided to the lead agency shall be valid for two years from the effective date of this article (the "effective period"). At the expiration of the effective period, the CNCEA will be subject to renewal at the discretion of the Township Committee.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.