[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.
