| (C) Providing input into the utilities' and ERCOT's
planning activities.
(2) The principles that guide the EM&V activities
in meeting the primary EM&V objectives are:
(A) Evaluators follow ethical guidelines.
(B) Important and relevant assumptions used by program
planners and administrators are reviewed as part of the EM&V efforts.
(C) All important and relevant EM&V assumptions
and calculations are documented and the reliability of results is
indicated in evaluation reports.
(D) The majority of evaluation expenditures and efforts
are in areas of greatest importance or uncertainty.
(3) The commission shall select an entity to act as
the commission's EM&V contractor and conduct evaluation activities.
The EM&V contractor shall operate under the commission's supervision
and oversight, and the EM&V contractor shall offer independent
analysis to the commission in order to assist in making decisions
in the public interest.
(A) Under the oversight of the commission staff and
with the assistance of utilities and other parties, the EM&V contractor
will evaluate specific programs and the portfolio of programs for
each utility.
(B) The EM&V contractor shall have the authority
to request data it considers necessary to fulfill its evaluation,
measurements, and verification responsibilities from the utilities.
A utility shall make good faith efforts to provide complete, accurate,
and timely responses to all EM&V contractor requests for documents,
data, information and other materials. The commission may on its own
volition or upon recommendation by staff require that a utility provide
the EM&V contractor with specific information.
(4) Evaluation activities will be conducted by the
EM&V contractor, starting with activities associated with program
year 2012, to meet the evaluation objectives defined in this section.
Activities shall include, but are not limited to:
(A) Providing appropriate planning documents.
(B) Impact evaluations to determine and document appropriate
metrics for each utility's individual evaluated programs and portfolio
of all programs, annual portfolio evaluation reports, and additional
reports and services as defined by commission staff to meet the EM&V
objectives.
(C) Preparation of a statewide technical reference
manual (TRM), including updates to such manual as defined in this
subsection.
(5) The impact evaluation activities may include the
use of one or more evaluation approaches. Evaluation activities may
also include, or just include, verification activities on a census
or sample of projects implemented by the utilities. Evaluations may
also include the use of due-diligence on utility-provided documentation
as well as surveys of program participants, non-participants, contractors,
vendors, and other market actors.
(6) The following apply to the development of a statewide
TRM by the EM&V contractor.
(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, pursuant to 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 the initial TRM
and any updated TRMs. 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.
(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 may use their existing deemed savings
values in their 2013 program year energy efficiency plan and report,
submitted in 2012, if the TRM is not available. Starting with their
2014 program year energy efficiency plan and report, submitted in
2013, 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 2013 and 2014 EM&V expenses outlined
in the EM&V contractor's budget shall be recovered through the
EECRFs approved by the commission in the EECRF proceedings initiated
by the utilities in 2013. 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 (3)
years that include the date, time, and nature of proprietary customer
information released to the EM&V contractor.
Cont'd... |
