| (F) may factor in the estimated level of enforcement
and compliance with existing energy codes in determining energy and
peak demand savings; and
(G) may require energy efficiency service providers
to provide the following:
(i) a description of how the value of any incentive
will be passed on to customers;
(ii) evidence of experience and good credit rating;
(iii) a list of references;
(iv) all applicable licenses required under state law
and local building codes;
(v) evidence of all building permits required by governing
jurisdictions; and
(vi) evidence of all necessary insurance.
(2) Standard offer and self-delivered programs:
(A) shall require energy efficiency service providers
to identify peak demand and energy savings for each project in the
proposals they submit to the utility;
(B) shall be neutral with respect to specific technologies,
equipment, or fuels. Energy efficiency projects may lead to switching
from electricity to another energy source, provided that the energy
efficiency project results in overall lower energy costs, lower energy
consumption, and the installation of high efficiency equipment. Utilities
may not pay incentives for a customer to switch from gas appliances
to electric appliances except in connection with the installation
of high efficiency combined heating and air conditioning systems;
(C) shall require that all projects result in a reduction
in purchased energy consumption, or peak demand, or a reduction in
energy costs for the end-use customer;
(D) shall encourage comprehensive projects incorporating
more than one energy efficiency measure;
(E) shall be limited to projects that result in consistent
and predictable energy or peak demand savings over an appropriate
period of time based on the life of the measure; and
(F) may permit a utility to use poor performance, including
customer complaints, as a criterion to limit or disqualify an energy
efficiency service provider or its affiliate from participating in
a program.
(3) A market transformation program shall identify:
(A) program goals;
(B) market barriers the program is designed to overcome;
(C) key intervention strategies for overcoming those
barriers;
(D) estimated costs and projected energy and capacity
savings;
(E) a baseline study that is appropriate in time and
geographic region. In establishing a baseline, the study shall consider
the level of regional implementation and enforcement of any applicable
energy code;
(F) program implementation timeline and milestones;
(G) a description of how the program will achieve the
transition from extensive market intervention activities toward a
largely self-sustaining market;
(H) a method for measuring and verifying savings; and
(I) the period over which savings shall be considered
to accrue, including a projected date by which the market will be
sufficiently transformed so that the program should be discontinued.
(4) A market transformation program shall be designed
to achieve energy or peak demand savings, or both, and lasting changes
in the way energy efficient goods or services are distributed, purchased,
installed, or used over a defined period of time. A utility shall
use fair competitive procedures to select energy efficiency service
providers to conduct a market transformation program, and shall include
in its annual report the justification for the selection of an energy
efficiency service provider to conduct a market transformation program
on a sole-source basis.
(5) A load-control standard-offer program shall not
permit an energy efficiency service provider to receive incentives
under the program for the same demand reduction benefit for which
it is compensated under a capacity-based demand response program conducted
by an independent organization, independent system operator, or regional
transmission operator. The qualified scheduling entity representing
an energy efficiency service provider is not prohibited from receiving
revenues from energy sold in ERCOT markets in addition to any incentive
for demand reduction offered under a utility load-control standard
offer program.
(6) Utilities offering load management programs shall
work with ERCOT and energy efficiency service providers to identify
eligible loads and shall integrate such loads into the ERCOT markets
to the extent feasible. Such integration shall not preclude the continued
operation of utility load management programs that cannot be feasibly
integrated into the ERCOT markets or that continue to provide separate
and distinct benefits.
(l) Energy efficiency plans and reports (EEPR). Each
electric utility shall file by April 1 of each year an energy efficiency
plan and report in a project annually designated for this purpose,
as described in this subsection and §25.183(d) of this title.
The plan and report shall be filed as a searchable pdf document.
(1) Each electric utility's energy efficiency plan
and report shall describe how the utility intends to achieve the goals
set forth in this section and comply with the other requirements of
this section. The plan and report shall be based on program years.
The plan and report shall propose an annual budget sufficient to reach
the goals specified in this section.
(2) Each electric utility's plan and report shall include:
(A) the utility's total actual and weather-adjusted
peak demand and actual and weather-adjusted peak demand for residential
and commercial customers for the previous five years, measured at
the source;
(B) the demand goal calculated in accordance with this
section for the current year and the following year, including documentation
of the demand, weather adjustments, and the calculation of the goal;
(C) the utility's customers' total actual and weather-adjusted
energy consumption and actual and weather-adjusted energy consumption
for residential and commercial customers for the previous five years;
(D) the energy goal calculated in accordance with this
section, including documentation of the energy consumption, weather
adjustments, and the calculation of the goal;
(E) a description of existing energy efficiency programs
and an explanation of the extent to which these programs will be used
to meet the utility's energy efficiency goals;
(F) a description of each of the utility's energy efficiency
programs that were not included in the previous year's plan, including
measurement and verification plans if appropriate, and any baseline
studies and research reports or analyses supporting the value of the
new programs;
(G) an estimate of the energy and peak demand savings
to be obtained through each separate energy efficiency program;
(H) a description of the customer classes targeted
by the utility's energy efficiency programs, specifying the size of
the hard-to-reach, residential, and commercial classes, and the methodology
used for estimating the size of each customer class;
(I) the proposed annual budget required to implement
the utility's energy efficiency programs, broken out by program for
each customer class, including hard-to-reach customers, and any set-asides
or budget restrictions adopted or proposed in accordance with this
section. The proposed budget shall detail the incentive payments and
utility administrative costs, including specific items for research
and information and outreach to energy efficiency service providers,
and other major administrative costs, and the basis for estimating
the proposed expenditures;
(J) a discussion of the types of informational activities
the utility plans to use to encourage participation by customers,
energy efficiency service providers, and retail electric providers
to participate in energy efficiency programs, including the manner
in which the utility will provide notice of energy efficiency programs,
and any other facts that may be considered when evaluating a program;
(K) the utility's performance in achieving its energy
goal and demand goal for the prior five years, as reported in annual
energy efficiency reports filed in accordance with this section;
(L) a comparison of projected savings (energy and demand),
reported savings, and verified savings for each of the utility's energy
efficiency programs for the prior two years;
(M) a description of the results of any market transformation
program, including a comparison of the baseline and actual results
and any adjustments to the milestones for a market transformation
program;
(N) a description of self-delivered programs;
(O) expenditures for the prior five years for energy
and demand incentive payments and program administration, by program
and customer class;
Cont'd... |
