Chapter 26.20

"San José Clean Energy" or "SJCE" means the Community Choice Aggregation program created by this Title.

(Ord. 30904.)

"San José Clean Energy Operating Fund" means the fund established pursuant to Part 63 of Chapter 4.80 of this Code.

(Ord. 30904.)

"Short-Term Agreement" means an agreement for the purchase or sale of Power Products with a term of three years or less, including agreements that incorporate by reference standard terms from Master Power Purchase and Sale Agreements. (Ord. 30904.)

"Speculative Buying and Selling" is defined as the purchase or sale of Power Products not reasonably anticipated to be used for meeting forecasted retail loads, commercial commitments, risk management, regulatory requirements, or to achieve City Council goals at the time of the agreement. (Ord. 30904.)

"Tariff" means price structure or rates for various customer programs under terms, conditions and pricing as may be developed by SJCE. (Ord. 30904.)

SJCE customers shall be provided renewable energy power mix option plans that meet or exceed the Renewables Portfolio Standard. The plans shall periodically be approved by resolution of the City Council.

(Ord. 30904.)

All electricity supplied to SJCE customers shall be measured by means of electricity meters controlled by the IOU pursuant to applicable CPUC or CAISO regulations.

(Ord. 30904.)

No resident or business shall be obligated to participate as a customer in the SJCE program. All new SJCE customers shall be provided the opportunity to opt out of SJCE and shall receive notice of the option to opt out in accordance with California Public Utilities Code section 366.2 (c), as may be amended. Eligible IOU customers that do not affirmatively opt out will become customers of SJCE. (Ord. 30904.)

SJCE customers will receive power supply consistent with industry standards. The Power Products SJCE purchases will be made available for transmission and distribution by lines that are maintained by the IOU and other utilities. The IOU is

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SAN JOSÉ CODE

§ 26.20.040

responsible for providing safe and reliable electricity delivery to SJCE customers. SJCE cannot guarantee all services will be without disruption. (Ord. 30904.)