| (A) The EM&V contractor shall use existing Texas,
or other state, deemed savings manual(s), protocols, and the work
papers used to develop the values in the manual(s), as a foundation
for developing the TRM. The TRM shall include applicability requirements
for each deemed savings value or deemed savings calculation. The TRM
may also include standardized EM&V protocols for determining and/or
verifying energy and demand savings for particular measures or programs.
Utilities may apply TRM deemed savings values or deemed savings calculations
to a measure or program if the applicability criteria are met.
(B) The TRM shall be reviewed by the EM&V contractor
at least annually, under a schedule determined by commission staff,
with the intention of preparing an updated TRM, if needed. In addition,
any utility or other stakeholder may request additions to or modifications
to the TRM at any time with the provision of documentation for the
basis of such an addition or modification. At the discretion of commission
staff, the EM&V contractor may review such documentation to prepare
a recommendation with respect to the addition or modification.
(C) Commission staff shall approve any updated TRMs
through the energy efficiency implementation project. The approval
process for any TRM additions or modifications, not made during the
regular review schedule determined by commission staff, shall include
a review by commission staff to determine if an addition or modification
is appropriate before an annual update. TRM changes approved by staff
may be challenged only by the filing of a petition within 45 days
of the date that staff's approval is filed in the commission's central
records under the control number for the energy efficiency implementation
project described by subsection (d)(2)(A) of this section. The petition
must clearly describe the reasons commission staff should not have
approved the TRM changes, include supporting data and calculations,
and state the relief sought.
(D) Any changes to the TRM shall be applied prospectively
to programs offered in the appropriate program year.
(E) The TRM shall be publicly available.
(F) Utilities shall utilize the values contained in
the TRM, unless the commission indicates otherwise.
(7) The utilities shall prepare projected savings estimates
and claimed savings estimates. The utilities shall conduct their own
EM&V activities for purposes such as confirming any incentive
payments to customers or contractors and preparing documentation for
internal and external reporting, including providing documentation
to the EM&V contractor. The EM&V contractor shall prepare
evaluated savings for preparation of its evaluation reports and a
realization rate comparing evaluated savings with projected savings
estimates and/or claimed savings estimates.
(8) Baselines for preparation of TRM deemed savings
values or deemed savings calculations or for other evaluation activities
shall be defined by the EM&V contractor and commission staff shall
review and approve them. When common practice baselines are defined
for determining gross energy and/or demand savings for a measure or
program, common practice may be documented by market studies. Baselines
shall be defined by measure category as follows (deviations from these
specifications may be made with justification and approval of commission
staff):
(A) Baseline is existing conditions for the estimated
remaining lifetime of existing equipment for early replacement of
functional equipment still within its current useful life. Baseline
is applicable code, standard or common practice for remaining lifetime
of the measure past the estimated remaining lifetime of existing equipment;
(B) Baseline is applicable code, standard or common
practice for replacement of functional equipment beyond its current
useful life;
(C) Baseline is applicable code, standard or common
practice for unplanned replacements of failed equipment; and
(D) Baseline is applicable code, standard or common
practice for new construction or major tenant improvements.
(9) Relevant recommendations of the EM&V contractor
related to program design and reporting should be addressed in the
Energy Efficiency Implementation Project (EEIP) and considered for
implementation in future program years. The commission may require
a utility to implement the EM&V contractor's recommendations in
a future program year.
(10) The utilities shall be assigned the EM&V costs
in proportion to their annual program costs and shall pay the invoices
approved by the commission. The commission shall at least biennially
review the EM&V contractor's costs and establish a budget for
its services sufficient to pay for those services that it determines
are economic and beneficial to be performed.
(A) The funding of the EM&V contractor shall be
sufficient to ensure the selection of an EM&V contractor in accordance
with the scope of EM&V activities outlined in this subsection.
(B) EM&V costs shall be itemized in the utilities'
annual reports to the commission as a separate line item. The EM&V
costs shall not count against the utility's cost caps or administration
spending caps.
(11) For the purpose of analysis, the utility shall
grant the EM&V contractor access to data maintained in the utilities'
data tracking systems, including, but not limited to, the following
proprietary customer information: customer identifying information,
individual customer contracts, and load and usage data in accordance
with §25.272(g)(1)(A) of this title (relating to Code of Conduct
for Electric Utilities and Their Affiliates). Such information shall
be treated as confidential information.
(A) The utility shall maintain records for three years
that include the date, time, and nature of proprietary customer information
released to the EM&V contractor.
(B) The EM&V contractor shall aggregate data in
such a way as to protect customer, retail electric provider, and energy
efficiency service provider proprietary information in any non-confidential
reports or filings the EM&V contractor prepares.
(C) The EM&V contractor shall not utilize data
provided or received under commission authority for any purposes outside
the authorized scope of work the EM&V contractor performs for
the commission.
(D) The EM&V contractor providing services under
this section shall not release any information it receives related
to the work performed unless directed to do so by the commission.
(p) Targeted low-income energy efficiency program.
Each unbundled transmission and distribution utility shall include
in its energy efficiency plan a targeted low-income energy efficiency
program. A utility in an area in which customer choice is not offered
may include in its energy efficiency plan a targeted low-income energy
efficiency program that utilizes the cost-effectiveness methodology
provided in paragraph (2) of this subsection. Savings achieved by
the program shall count toward the utility's energy efficiency goal.
(1) Each utility shall ensure that annual expenditures
for the targeted low-income energy efficiency program are not less
than 10% of the utility's energy efficiency budget for the program
year.
(2) The utility's targeted low-income program shall
incorporate a whole-house assessment that will evaluate all applicable
energy efficiency measures for which there are commission-approved
deemed savings. The cost-effectiveness of measures eligible to be
installed and the overall program shall be evaluated using the Savings-to-Investment
ratio (SIR).
(3) Any funds that are not obligated after July of
a program year may be made available for use in the hard-to-reach
program.
(q) Energy Efficiency Implementation Project - EEIP.
The commission shall use the EEIP to develop best practices in standard
offer market transformation, self-directed, pilot, or other programs,
modifications to programs, standardized forms and procedures, protocols,
deemed savings estimates, program templates, and the overall direction
of the energy efficiency program established by this section. Utilities
shall provide timely responses to questions posed by other participants
relevant to the tasks of the EEIP. Any recommendations from the EEIP
process shall relate to future years as described in this subsection.
(1) The following functions may also be undertaken
in the EEIP:
(A) development, discussion, and review of new statewide
standard offer programs;
(B) identification, discussion, design, and review
of new market transformation programs;
(C) determination of measures for which deemed savings
are appropriate and participation in the development of deemed savings
estimates for those measures;
(D) review of and recommendations on the commission
EM&V contractor's reports;
Cont'd... |
