SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM Program Manual

Transcription

1 SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM 2017 Program Manual 2017

2 TABLE OF CONTENTS 1 PROGRAM DESIGN PROGRAM DESCRIPTION PROGRAM PARTICIPANTS PROJECT OPTIONS SOLAR PHOTOVOLTAIC STANDARD OFFER PROGRAM SERVICE PROVIDER, CUSTOMER, MEASURE, AND PROJECT ELIGIBILITY SERVICE PROVIDER ELIGIBILITY HOST CUSTOMER ELIGIBILITY ENERGY EFFICIENCY MEASURE ELIGIBILITY PROJECT SIZE INCENTIVE BUDGETS AND PRICING AVAILABLE BUDGETS PRICES INCENTIVE LIMITATIONS PROGRAM PROCESS AND TIMELINE PROGRAM APPLICATION PROJECT APPLICATION PROCESS ADDENDUM TERMINATIONS PROGRAM APPLICATION GENERAL PROGRAM APPLICATION GUIDELINES APPLICATION PROCESS PROVIDER INFORMATION QUALIFICATIONS PROJECT APPLICATION SUBMITTAL PROCEDURE PROJECT APPLICATION REVIEW PROCEDURES PROJECT APPLICATION EVALUATION APPLICATION CONFIDENTIALITY SUBMISSION OF FALSE, MISLEADING, OR INCORRECT INFORMATION PROGRAM PARTICIPATION COSTS PARTICIPATION RESTRICTIONS AND ADDITIONAL QUALIFICATIONS PRODUCTION PERIOD PRODUCTION PERIOD REQUIRED SUBMITTALS SAVINGS REPORTS HOST CUSTOMER AGREEMENT RESERVATION OF FUNDS AGREEMENT INSTALLATION NOTICE PROJECT INVOICES SUBMITTAL REVIEW PROCEDURES ADMINISTRATIVE REVIEW PRE-INSPECTION POST-INSPECTION INCENTIVE ADJUSTMENTS PROJECT SUBMITTAL PROCESS EQUIPMENT AND INSTALLATION MAJOR EQUIPMENT (MODULES, INVERTERS) INTERCONNECTION CODES, STANDARDS, AND PERMITS CONTRACTUAL PROVISIONS COMPLIANCE WITH PROGRAM REQUIREMENTS CO-BRANDING GUIDELINES REQUIRED PROGRAM DOCUMENTS PROJECT IMPLEMENTATION INCENTIVE PAYMENTS AUDIT AND RECORDS AMENDMENT PERMITS, LICENSES, AND COMPLIANCE WITH LAW INDEPENDENT CONTRACTOR FORCE MAJEURE MISCELLANEOUS APPENDIX

3 1 PROGRAM DESIGN 1.1 PROGRAM DESCRIPTION The Oncor Solar Photovoltaic Standard Offer Program ( Program ) offers financial incentives for the installation of eligible distributed solar energy generating equipment and is open to all eligible residential and commercial Oncor customers. The Program complies with the standard offer program requirements of the Energy Efficiency Rule (Subst. Rule ). The primary objective of the Program is to achieve regulatory goals by incentivizing solar photovoltaic system installations. Additionally, the Program is designed to do the following: Encourage private sector delivery of energy efficiency products and services. Achieve customer energy and cost savings. Significantly reduce barriers to participation by streamlining Program procedures. Encourage participation by a wide range of Service Providers. Oncor is not involved in the sale or installation of energy efficiency services or renewable energy systems to its customers. Through the Program, Oncor pays incentives to Service Providers who market, sell/lease, and install solar photovoltaic systems to Oncor Commercial and Residential customers. A Service Provider s participation in the Program does not constitute Oncor s endorsement or approval of any company, product, or service. Service Providers participating in the Program must meet minimum eligibility criteria and comply with all Program rules, procedures, and documentation requirements. The Program Manual summarizes Program requirements, processes, and incentives, but may not address all scenarios. Oncor has full discretion in the interpretation of Program requirements, and may revise the Program Manual at any time. 1.2 PROGRAM OPTIONS COMMERCIAL PROGRAM OPTION A Commercial Program Option is available for those customers that receive electric service from Oncor at a commercial electric rate, and meet the definition of a Commercial Customer as stated in PUCT Substantive Rule Commercial Customers may also include non-profit customers, cities, local governments, agriculture, school districts, churches and governmental facilities. 3

4 1.2.2 RESIDENTIAL PROGRAM OPTION A Residential Project Option is available for existing Residential Customers that receive electric service from Oncor at a residential electric rate. 1.3 SERVICE PROVIDER, CUSTOMER, MEASURE, AND PROJECT ELIGIBILITY SERVICE PROVIDER ELIGIBILITY Service Providers who have completed a Program Application and been accepted into the Program are eligible to participate in the Program. The Program Application process is described in Section 2. Service Providers who have been terminated from any Oncor program are not eligible to participate in the Program, unless written approval is obtained from Energy Efficiency management. This includes subcontractors and other third party entities. Eligible Service Providers may include: National or local energy service companies. Retail Electric Providers. National or local companies that provide energy-related services or products. Self-sponsors who have the technical capabilities to install commercial solar photovoltaic systems, and have a demand equal to or exceeding 50 kw during at least one of the past 12 months. Eligibility requirements for participation in the Program include: A licensed Texas Electrical Contractor or Master Electrician on staff Proof of current insurance, licenses, and permits in the Service Provider s business name. Solar photovoltaic system installation experience A list of any subcontractors that the Service Provider uses to complete Program incentivized projects. It is the responsibility of the Service Provider to ensure that subcontractors are eligible to participate in Oncor s Energy Efficiency programs, and that completed projects are in compliance with Program requirements. 4

5 Prior to engaging subcontractors in projects incentivized by Oncor, the Service Provider should contact the Program Manager to ensure the subcontractor is eligible to participate Service Providers may be terminated from the Program if the subcontractor list and eligibility verification is not maintained. Update and maintain all company profile, employee, and subcontractor information in EEPM, including copies of current license(s) Service Providers must be the lead contractor and directly involved in the installation of solar photovoltaic systems submitted in the Program Disclose all Affiliate companies involved in Energy Efficiency projects Self-sponsors should contact the Program Manager for specific eligibility requirements HOST CUSTOMER ELIGIBILITY Commercial and Residential customers served by Oncor are eligible to receive the benefits of the Program provided the following requirements have been met: Residential Customers The site is served by Oncor under a residential rate There is a permanent meter installed on the property and the residence is considered permanent (example: homes under construction on a temporary meter, and mobile residences, such as travel trailers are ineligible) The site is not located in a community or development classified as a solar or renewable energy community. This includes areas where the Homeowners Association or Developer established policies encouraging renewable energy The site does not have an existing solar photovoltaic system with an installed capacity exceeding 15 kw dc Energy Efficiency may declare a site ineligible to participate based on site characteristics or inability to comply with Program requirements Commercial Customers The site is served by Oncor under a commercial rate 5

6 The site is eligible under Subst. Rule , and has not opted out of the Energy Efficiency Cost Recovery Factor The site does not have an existing solar photovoltaic system with an installed capacity exceeding 75% of the site s maximum demand over the past 12 months SOLAR PHOTOVOLTAIC SYSTEM ELIGIBILITY New solar photovoltaic systems that meet Program requirements are eligible for incentives. Oncor reviews and inspects all submitted systems, and may cancel projects that do not meet Program requirements: All new equipment including panels, inverters, racks, wiring, and metering The system is connected to the grid through an Oncor permanent meter and meets criteria for an Oncor Interconnection Agreement The system azimuth must be between 90 and 270 degrees, as determined by Oncor inspectors The system is installed during the Program Production Period and construction does not begin until after the Project is approved Residential systems installed capacity must be between 1kW DCSTC 1 and 15 kw DCSTC 2 but the total installed capacity cannot exceed 15kW DC. A project found with an installed capacity of over 15kW DC will be cancelled and not eligible for incentives Commercial system sizes are limited to an installed capacity of 150 kw DCSTC, or an AC output less than or equal to 75% of the site s maximum demand over the past 12 months. A project found with an installed capacity of over 150kW DC will be cancelled and will not be eligible for incentives Commercial systems installed capacity has a minimum size of 5kW DCSTC The system is installed using generally accepted construction practices and meets code requirements Oncor, in its sole discretion, will determine whether any particular solar photovoltaic system is eligible for incentives 1 Watts DCSTC refers to the system s factory-rated output at standard test conditions, which assumes 1,000 w/m 2 of solar radiation and 25 degree Celsius cell operating temperature. 6

7 1.3.4 PROJECT ELIGIBILITY All projects submitted for incentives in the Program are subject to certain requirements: Service Providers are limited to 5 active projects in the Residential Program Option, and 3 active projects in the Commercial Program Option. The Service Provider may create and submit additional projects as completed projects are paid by Oncor Submitted projects must meet host customer and system requirements as defined in Sections and Projects are started and completed during the Program Production period. Projects that are started prior to the Program Open Date and/ or not completed prior to the Program close date will be cancelled and incentives will not be paid Residential projects must be completed within 90 days and Commercial projects within 120 days of the Reservation of Funds agreement 1.4 INCENTIVE BUDGETS AND PRICING AVAILABLE BUDGETS Oncor has assigned the following Program incentive budgets for the 2017 Program year: Residential Solar PV Program Option- $1,479,380 Commercial Solar PV Program Option - $2,572,840 Oncor reserves the right to adjust the budget during the Program year for each Program Option as it deems necessary, at its sole discretion PRICES Incentive levels applicable to each Program Option are as follows: Program $ / kw $ / kwh Residential Option $ $ Commercial Option $ $ The incentive amount for each site will change depending on the installation INCENTIVE LIMITATIONS Maximum Service Provider Incentives 7

8 To ensure that incentives are available to multiple Service Providers, no Service Provider may reserve or receive more than 10% of the Program budget for each Project Option inclusive of its Affiliates. The 2017 cap for both options will be: Residential - $147,938 Commercial - $257,284 Oncor reserves the right to adjust the Service Provider incentive cap if the total amount of incentives for reserved Projects is not sufficient to meet the Program incentive budget. Incentive funding is offered to eligible Service Providers with an approved Project Application on a first-come, first-served basis. Cost of Project Incentives will be limited to a percentage of the installed cost of the Project which shall be supplied by the Service Provider. In no case will Oncor pay incentives in an amount that exceeds 50% of the installed cost (as determined by Oncor, in its sole discretion, based on information provided by Service Provider and any supplemental information gathered or requested by Oncor) of the Project (i.e., Oncor will pay incentives equal to a maximum of 50% of Project installed cost). Documentation of Cost The Service Provider shall provide Oncor with a breakdown of the installed cost of the Project. This will include a copy of the Host Customer s invoice or contract. The Project cost shall be provided prior to the post-inspection INCENTIVE CALCULATION Solar photovoltaic system incentive values are calculated based on the annual energy and peak demand AC production. Only solar photovoltaic systems that result in net reductions of the Host Customer s energy and demand usage qualify for incentives. Qualifying savings and associated incentives are calculated using PVWatts and EEPM. EEPM calculations will be used for all incentive and savings amounts. PVWatts PVWatts software has been approved for use by the PUCT. Demand calculations are specific to Texas, and will not match PVWatts. More information on these savings values can be located in the State Technical Reference Manual v4.0, Volume 3, Section 2.7 and at the following websites: 8

9 Multiple Arrays When a single site has multiple arrays installed in various directions, or differing conditions, such as shading, each array will be entered separately into EEPM. Savings and incentives will be calculated for each array. Shading Study All Projects will require a Shading Study to be performed by the Service Provider. Once the annual shading percentage is determined, the value should be entered into EEPM for calculation in PVWatts. Required Shading Documents in EEPM Solmetric Suneye, Pathfinder report or other approved studies that shows the annual unshaded area must be attached for each Project. This report should be attached when submitting the Project for post-inspection. The report should clearly state the annual unshaded percentage for the installed project. Reports that do not have this calculated percentage in the report will be returned to the Service Provider for correction. Any study not performed by an industry accepted tool, for example hand-written or drawn, will only be accepted after a review by the Program Manager and Inspection Manager. 1.5 PROGRAM PROCESS AND TIMELINE PROGRAM APPLICATION All Service Providers must first complete an Umbrella Agreement (located at and be associated with a Program. After execution of the Umbrella Agreement, the Service Provider may contact the EEPM Help Desk to associate with a Program. The first step of association is the completion of a Program Addendum. Oncor s Standard Offer Program Addendums are on-going, but terminable by Oncor at will, as well as for other events of default by Service Provider. This allows Service Providers to avoid resubmitting a new Program Addendum each Program year; however, it does require the Service Provider to submit updated documentation for each Program year of the Program Addendum using the Program online application. It is solely the responsibility of the Service Provider to update changes required to the documentation and to provide copies of such documentation. Failure to provide documentation may be a breach of the Program Addendum, which can be grounds for termination of the Addendum with the Service Provider. Oncor will not entertain proposed modifications to the Program Addendum unless unique circumstances merit and require revision, at the sole discretion of Oncor. Applicants are urged to review the sample Program 9

10 Addendum prior to submitting a Project Application in the Appendix of this manual. The Program Addendum does not in any way guarantee the Service Provider funding during the Program year of the Program Addendum. The Program Addendum does not in any way obligate Oncor to the Program PROJECT APPLICATION PROCESS The first step in the Program Project Application process is for the Service Provider to submit a completed Project Application via EEPM. Project Applications will be accepted for Projects that will be completed with a request for post-inspection by November 20, 2017, 5:00 p.m. Central Time, or until all Program funding for the 2017 Program year has been exhausted. Available funding can be found in the Service Provider s page in EEPM. 1.6 ADDENDUM TERMINATIONS Oncor may terminate any or all Program Addendums, in whole or in part, at any time, in its sole discretion, by providing written notice of termination to Service Provider. The notice of termination will specify the effective date of any termination, and that the Program Addendum is terminated in its entirety. In the event a Program Addendum is terminated by Oncor, the applicable Service Provider will finish any Project already commenced that cannot be discontinued without breaching the Host Customer Agreement (see Appendix B). Oncor will have no obligations with respect to any contractual obligations entered into between Host Customer and Service Provider after Service Provider s receipt of Oncor s notice of termination unless there is evidence of fraud. In the event the Program is terminated, Oncor's only liability will be to pay Service Provider the unpaid balance due Service Provider for the portion of a Project already commenced that cannot be discontinued without breaching the Host Customer Agreement unless there is evidence of fraud. In the event that fraud is suspected or discovered, Oncor reserves the right to terminate impacted Projects and not pay the reserved incentive. Oncor may refuse a Service Provider the opportunity to complete an Addendum in the Program for any reason in Oncor s sole discretion, including based on Service Provider s prior participation in the Program or any other Energy Efficiency Program offered by Oncor. Please refer to the Umbrella Contract and Program Addendum for actual termination provisions. Please note that this Section is only a summary of certain terms in the Umbrella Contract and Program Addendum, and that the terms of the actual Umbrella Agreement and Program Addendum supersede and control over this summary in the event of any conflict. 10

11 2 PROGRAM APPLICATION 2.1 GENERAL PROGRAM APPLICATION GUIDELINES Applicants may begin completing Program Applications on 10:00 AM Central Time on January 24 th, A Program Application is located online at oncoreepm.com. All documents will be submitted online via EEPM. Assistance with the application is available at the EEPM Help Desk. 2.2 APPLICATION PROCESS Applicants must submit an electronic Program Application, along with an executed (signed and dated) Program Addendum that is downloaded from the Application. The Program Addendum must be attached under the Attachment tab when the Application is submitted through EEPM. Service Providers must also provide Oncor with a certificate or certificates of insurance that meets the requirements in the Appendix. Oncor will notify applicants of their Application status within ten (10) business days of submitting the Application. If Oncor approves a Program Application, it will execute the Program Addendum, if applicable, and attach a copy to the Service Provider Documents tab. An overview of the Service Provider application process is below. Applications for the 2017 programs will be accepted until Friday, March 31st at 5:00 pm CST. Any application that is pending or in rejection at that time can be completed but new application will not be accepted after this date for the program year. All new Service Providers approved to participate in the program will be required to successfully complete one project before new projects are approved. Once the initial project passes inspection, the Service Provider will be approved to submit new projects up to the limits outlined in the program. If the New Service Provider fails the inspection, Oncor may require documentation about describing the steps that the Service Provider will implement to solve the issues. Depending on the severity of the results Oncor may lock out the Service Provider from submitting new projects or terminate the Service Provider from participating in the program. 11

12 Service Provider Program Application Process Service Provider (SP) Visit oncoreepm.com and complete Umbrella Agreement Oncor Oncor reviews and executes Umbrella Agreement; SP receives EEPM login SP contacts Help Desk to associate with a program; Completes Program Addendum SP completes Program Application and SP Profile in EEPM, submits Certificate of Insurance Oncor reviews and executes Program Addendum if Application is approved SP submits Project Applications PROVIDER INFORMATION The information listed below is required of all applicants: Applicant name (company) Federal tax identification number of applicant Contact name Contact title Street address 12

13 Mailing address Contact phone number Contact fax number Contact address Name(s) and contact information of parent company (if any) and Affiliates Any sub-contractors and with their required information. Sub-contractors must be eligible to participate in Oncor s Energy Efficiency programs Assumed name certificate filed with county or state if applicable W QUALIFICATIONS Oncor requires applicants to demonstrate their financial, technical, and managerial qualifications as part of the Program Application process and the Service Provider Profile update requirements. This information helps to ensure that a proposed Energy Efficiency Project will be successful in delivering the Peak Demand and Energy Savings, the applicant is committed to fulfilling Program objectives, and the applicant is competent to complete a proposed Project. At a minimum, Program Applications must include the following: A brief statement of the applicant s technical and managerial capabilities and experience in implementing Energy Efficiency Projects Evidence that applicant possesses all applicable licenses and permits. This would include a copy of the employees Texas Electrical Contractors License or a Master Electricians License Two recent client/customer references for Projects similar in nature to that proposed in the Project Application (include contact name, address, and phone number) Disclosure of any legal judgments pending, or entered in the previous two years, against applicant company, its owners, and affiliates, as well as a current list of pending litigation filed against applicant, its owners, and affiliated parties 2.3 PROJECT APPLICATION SUBMITTAL PROCEDURE The 2017 PROGRAM website will begin accepting Project Applications on February 7 th, 2017 at 10:00 AM, Central Time. The Application forms will be accessible by clicking the 2017 Solar Photovoltaic SOP Application link on the website oncoreepm.com. The Commercial and Residential Options Project Application processes involve multiple stages that are outlined below. Additional 13

14 information about each stage in the process is reviewed in Chapter 3. All hard copies of Applications and supplemental documentation, if required, must be electronically scanned and attached to the Project under the Attachment tab in EEPM. Questions about the Program or Projects may be directed to: Oncor Attn: Jeff Reed Solar PV Program Manager 1616 Woodall Rodgers 5M027 Dallas, TX Phone: It is the sole responsibility of the applicant to ensure that Oncor receives all of the required Project Application materials by close of business on the applicable due dates. 14

15 Service Provider (SP) Oncor Completes Umbrella Agreement; Identifies projects & negotiates with customers Submits Initial Application (IA) IA approval or rejection Finalize measures & timeline If approved, reserves funding Submits Final Application (FA) Signs and attaches Reservation of Funds Agreement Pre- Inspection d d Generates Reservation of Funds Agreement Production Period INSTALL PROJECT Submits Installation Notice (IN) IN approval or rejection Submits Savings Report (SR) Post- Inspection Reviews SR and makes payment 2.4 PROJECT APPLICATION REVIEW PROCEDURES PROJECT APPLICATION EVALUATION Oncor may reject a Project Application for any reason in its sole discretion. Examples of reasons Oncor may reject a Project Application include: The Project Application is received after the budget for that Project Option has been fully committed 15

16 The Project has started or completed construction before it has been submitted or approved. This can include a pre-inspection by Oncor to determine the status of the site. If project is found to be completed or construction started, the project will be cancelled and will not be eligible for any incentive The Project Application does not include required information. The applicant s proposed Production Period cannot reasonably be expected to be completed by November 20, 2017 Required submittals are not received by deadlines stated in this Program Manual The applicant fails to meet Program eligibility requirements The applicant is found to have made material misrepresentations in the Project Application The applicant fails to comply with applicable federal, state and local laws and regulations Oncor determines rejection is necessary due to changes that occur in laws or regulations directly affecting the Program Oncor, in its sole judgment, determines that the applicant is incapable of fulfilling the terms and conditions of the Program Addendum Oncor may request clarification of, or additional information about, any item submitted as part of the Project Application. Applicants must respond to such requests within the time period specified by Oncor. If the clarification or additional information provided is not sufficiently responsive, Oncor may, at its sole discretion, request additional information or discontinue its evaluation of the submittal APPLICATION CONFIDENTIALITY Oncor s Program is subject to oversight by the PUCT, which may request a copy of any Program materials that Oncor receives. Sensitive information submitted by the Service Provider to Oncor, such as financial statements and Project costs, will be treated confidentially to the extent possible. However, Oncor will not be liable to any Service Provider or other party as a result of public disclosure of any information submitted pursuant to the Program SUBMISSION OF FALSE, MISLEADING, OR INCORRECT INFORMATION Oncor reserves the right to discontinue its evaluation of all submittals from 16

17 any Service Provider who submits false, misleading, or incorrect information PROGRAM PARTICIPATION COSTS Oncor will not reimburse any Service Provider for any costs incurred by participating in the Program, including costs of preparing the Project Application, reviewing or executing the Program Addendum, or preparing and submitting Savings Reports PARTICIPATION RESTRICTIONS AND ADDITIONAL QUALIFICATIONS Oncor may impose additional restrictions and qualification requirements on Service Providers to those set forth in the Program Addendum based on prior Program participation. 17

18 3 PRODUCTION PERIOD 3.1 PRODUCTION PERIOD The Production Period is 10 AM Central Time on February 7, 2017, to 5 PM Central Time on November 20, 2017, or until the program funds are exhausted. This is the time period during which Energy Efficiency Measures may be installed. Any project already started or completed outside of this time period will be cancelled and could result in additional penalties. During the Production Period, the Service Provider will be performing marketing, sales, and installation activities and reporting progress on a regular basis to Oncor. 3.2 REQUIRED SUBMITTALS SAVINGS REPORTS The primary incentive reporting instrument during the Production Period is the Savings Report, which will also serve as an invoice. Savings Reports will be completed electronically on an official Oncor Savings Report form after a project has completed inspection. A Copy of the Savings Reports must be signed and attached under the Projects Attachment tab along with other required supporting documentation when the Project is submitted for payment after the inspection is approved and the Interconnection or the Permission to Operate (PTO) is complete. Copies of Savings Reports and any required accompanying documents must be attached to the Project Application under the Attachment tab prior to submittal in EEPM. Oncor will not make any incentive payments for any savings not included in an Installation Notice Customer Certificate electronically submitted. Work submitted for an Incentive Payment must be completed only during the Program Production Period. Savings Reports shall include the following information: Host Customer name(s) and address Service address Oncor meter number and/or Host Customer ESI ID (account) number Host Customer telephone number(s). Identification of the installed Project Measure kwh savings, kw savings, and the estimated incentive amount for the Project Measure For each installation, the Service Provider will enter the data listed above 18

19 when the project is submitted. Throughout the course of the installation, Service Providers will input data via EEPM and may input installation data all at once or periodically. Service Providers can review this data from time to time and make any changes necessary. Once all of the data has been inputted and reviewed by the Service Provider, the Service Provider will click the submit button to electronically submit this data to Oncor. Savings Reports are generated from the installation data inputs after the postinspection is complete. No additional data inputs are required to generate these reports. Saving Reports can be downloaded from the Project Application form under the Printed Documents tab and attached under the Attachment tab HOST CUSTOMER AGREEMENT A signed copy of the Host Customer Agreement (which may not be altered) shall be attached under the Attachment tab in EEPM when the Project is initially submitted. Among other things, the Host Customer Agreement must be signed prior to installation of Measures at a site; it provides Oncor permission to inspect installations, which may be required before Incentive Payments are approved RESERVATION OF FUNDS AGREEMENT A Service Provide will sign and submit the Reservation of Funds Agreement (RFA) to reserve the approved incentive amount based on the approved Host Agreement and the PV Watts calculations. Once the project is submitted, the RFA will be available under the Printed Documents tab; the Service Provider will sign, and then attach the completed RFA. Oncor management will sign the RFA and the Program Manager will approve the project reserving the incentive amount listed for that specific project. Once the RFA is approved, the incentive cannot exceed the amount in the approved RFA. A project incentive can decrease depending on the final installation and inspection but the final incentive cannot exceed the RFA amount. Approval of the RFA allows the construction of the project to begin INSTALLATION NOTICE Installation Notice Customer Certificate shall be attached under the Attachment tab in EEPM when the Project is submitted for inspection. The Installation Notice Customer Certificate verifies the installation of the solar Measure. The Service Provider and customer signatures are required with the date the project completed construction. A copy of the Installation Notice Customer Certificate shall be left with the Host Customer PROJECT INVOICES The Savings Report will serve as the Service Provider s invoice for Incentive Payments. Oncor may adjust Incentive Payments based on findings from on-site inspections. The total incentive paid will not exceed 19

20 the amount approved in the RFA. This amount can decrease depending on the final installation and Savings Report. 3.3 SUBMITTAL REVIEW PROCEDURES ADMINISTRATIVE REVIEW Once the Initial Application Savings Report and accompanying documentation is submitted in EEPM it will be reviewed for accuracy. If, in Oncor s sole discretion, the Service Provider has not provided sufficient information for which Oncor can make a reasonable determination of Service Provider entitlement to such incentives, Oncor may reject payment for the deficiencies in question or the entire Initial Application or Savings Report PRE-INSPECTION All Projects require pre-inspection approval before the Project may proceed to installation. The majority of pre-inspections will be completed as a desk review but Oncor does reserve the right to complete a site visit to verify the data submitted for the project. Service Providers should allow ample time for completion of the pre-inspection which may be up to 20 calendar days depending on the number of submitted Projects. The pre-inspection process will include the following actions: 1. The Service Provider is required to provide information in EEPM for the Project Site and the proposed solar photovoltaic system. This documentation shall include: A signed Host Customer Agreement. Note: Electronic signatures must contain a security verified mark like Docusign, Adobe Certificate or other similar secured software Current digital photograph(s) of the facility side that the solar panels will be installed on, and of any vegetation or trees located on this side of the facility or a one-line diagram outlining the proposed project All of the required PVWatts data needed to calculate the savings and the estimated incentive amount 2. If no issues are found during the pre-inspection, Oncor will approve the Project Application. Oncor will notify the Service Provider that it may proceed with installation of the Project. Any Project for which the installation of the solar photovoltaic system has started prior to receiving pre-inspection approval will be cancelled, any funds reserved will be returned to the budget, and no incentive payment will be made. If any of the Service Provider requirements are not completed, or the 20

21 photograph(s) and any other documentation uploaded into EEPM by the Service Provider are not of sufficient detail to complete the pre-inspection, the Project will be rejected. Oncor will allow the Service Provider an opportunity to remedy and resubmit the information required for the preinspection. Oncor reserves the right to require additional information on the Project that may be required to complete the pre-inspection. Oncor also reserves the right to disqualify the Project or allow Service Provider to take corrective action if issues with the Project Application are found. After thirty (30) calendar days of approved incentive reservation, Oncor reserves the right to request proof of materials purchased and/or proof that customer funding has been secured. Failure to provide the requested information may result in the cancelation of the Project and release of the reserved funds POST-INSPECTION All Projects require post-inspection approval before the Project is eligible to receive an incentive payment. Service Provider should allow up to twenty (20) calendar days depending on the number of submitted Projects for the inspection to be completed. All projects must be fully installed and construction complete before it is submitted for inspection. Any project not fully completed will be rejected by the Inspector and sent back to the Service Provider. The project will need to be resubmitted once construction is complete. This post-inspection process will include the following actions: 1. The Service Provider is required to provide information in EEPM for the installed solar photovoltaic system. This documentation shall include: An executed Interconnection Agreement or the Permission to Operate (PTO) between the Host Customer and Oncor if it is complete. If it has not been completed then the Agreement can be attached when the project is submitted for payment A signed and dated Installation Notice Customer Certification Digital photograph(s) of all installed components of the system, including: o Array including all installed panels o The back of one panel plate showing model number o Equipment wall, inverter, meter and disconnect o Inverter plate showing model and serial number A copy of the installation invoice for the solar photovoltaic system. 21

22 The invoice must include detailed information on the specific equipment installed, including the manufacturer and model of the solar panels and inverter(s) and the wattage rating for each solar panel A Shading Study performed by the Service Provider that provides and shows the annual unshaded percentage for the solar system 2. Oncor can conduct an on-site post-inspection for the Commercial and Residential Project Options. Oncor will schedule a time and date for any inspection with the Host Customer and may require the Service Provider to be present. The Service Provider must provide the Inspector with access to the solar panel installation site for any inspection as needed. 3. If no issues are found during the post-inspection, Oncor will approve the Project. If any of the Service Provider actions in the above process are not completed, or the photographs and any other documentation uploaded into EEPM are not of sufficient detail for the Inspector to complete the postinspection, the Project will be rejected. Oncor will allow the Service Provider an opportunity to remedy and resubmit the information required for the post-inspection. Oncor reserves the right to require additional information for the Project to complete the post-inspection. Oncor also reserves the right to disqualify the Project or allow Service Provider to take corrective action if issues with the Project Measure installation are found. Repeated errors or the submittal of false information or evidence that the project was completed before it was approved for construction could result in the Service Provider being prohibited from submitting new projects and future participation in Oncor s Energy Efficiency programs terminated. If in the inspection process it is found that a system with an installed capacity of 15 kw dc watt was installed in the residential option or more than 150 kw dc watt installed in the commercial option, the project will be cancelled and will not be eligible for an incentive INCENTIVE ADJUSTMENTS DUE TO INSPECTIONS After inspections are completed, all installations will be evaluated to calculate an adjustment factor for Peak Demand and Energy Savings and Incentive Payment. In the event the Service Provider disagrees with the payment adjustment, the Service Provider may request that all information be reviewed again after additional information is provided by the Service Provider. Final payment adjustments will be at the sole discretion of Oncor. 22

23 3.3.5 PROJECT SUBMITTAL PROCESS Service Provider finds and secures a Project and enters the Project into EEPM: The Host Customer Agreement is available under the Printed Documents tab and the signed Host Agreement is attached under the Attachment tab. All Projects require a signed Host Customer Agreement by the customer and the Service Provider before the Project can be reviewed and moved to the next step Submitted Projects must have a signed RFA attached under the Attachment tab o Residential projects must be completed within ninety (90) calendar days of submitting the Agreement o Commercial projects must be completed with one-hundred twenty (120) calendar days of submitting the Agreement The completion dates listed above may be extended one time for up to and additional forty-five (45) days at the discretion of the Program Manager. Any other extension will be at the discretion of Oncor s Energy Efficiency management and require written explanation for the need for the extension. The Reservations of Funds Agreement identifies the kw, kwh and incentive submitted for the Project in EEPM. This will be the maximum incentive amount that the Project can receive. If the Project is ready to start then the Service Provider checks the inspection box under the Summary tab. If the Host Customer Agreement and RFA are not completed, and a Project is not marked ready for pre-inspection within nineteen (19) calendar days of the submittal date, the Project is subject to cancellation The Program Manager will review the Project. If no additional information is needed, the Program Manager releases the Project to management for approval of the RFA. When the Program Manager receives the RFA, the Project is approved and construction can begin. If the Project is not approved, the Program Manager rejects the Project to the Service Provider. The Service Provider has fifteen (15) business days to resubmit for a second review or the Project can be cancelled The submitted Project requires a completed Installation Notice Customer Certificate to be uploaded by the Service Provider under the Attachment tab The Oncor Program Manager will review the completed project submittal and may require additional information if needed or will move the Project to post-inspection Once the Program Manager receives notice of post-inspection approval, the Service Provider will submit the Savings Report which will show any adjustments to the Project due to post-inspection 23

24 Should a Project be wait-listed due to funding not being available or if the Service Provider has reached the cap of open projects, the Project cannot proceed until the Service Provider is notified that funding has become available, all required paperwork has been completed, the project cap has space available, Service Provider has received notice that the Project has been approved. The Service Provider may proceed with the Project. Otherwise, if the Project Measures have been installed prior to receiving pre-inspection approval, the Project will be cancelled A Residential Service Provider will be limited to only five active projects at any one time. A Commercial Service Provider will be limited to only three active open projects at any one time. An active project is one that has been approved for construction and not on the waitlist. Once a project is completed and the SR Approved, a new project can be submitted or moved off of the waiting list as funds are available. Projects on the waitlist will not count toward the number of open projects. Projects on the waitlist cannot begin construction until they are no longer on the waitlist. Wait listing will begin when all program funding is reserved or a Service Provider has reached the project open cap. As additional funding becomes available the funds will be offered to Projects on the wait list in the order they are submitted providing that the Service Provider has not reached the program budget cap in either option or the cap of five projects open in the Residential option or three open projects or in the Commercial option. 3.4 EQUIPMENT AND INSTALLATION MAJOR EQUIPMENT (MODULES, INVERTERS) Only new eligible solar photovoltaic equipment providing energy to the customer premise through an interconnection on the customer s side of the electric meter qualifies for incentives. Oncor is not a manufacturer, supplier or guarantor of the solar photovoltaic system or Service Providers, and Oncor, whether by making available a list of registered Service Providers and equipment sources or otherwise, has not made and makes no representations or warranties of any nature, directly or indirectly, express or implied, as to performance of the Service Provider or reliability, performance, durability, condition, or quality of the solar photovoltaic system selected and purchased or leased. EEPM will require the input of project details including the panel manufacturer, mode number, wattage, inverter manufacturer, model number, serial number and wattage. The information for each of these data points will be available in EEPM when the project details are entered. EEPM will be populated with approved equipment by using the Go Solar California database that will provide approved panel and inverter products. Any panel or inverter not in the database can be submitted by the Service Provider and Oncor will evaluate equipment for possible approval. 24

25 3.4.2 INTERCONNECTION All solar photovoltaic systems must be interconnected, at the Host Customer s expense if applicable, to Oncor s electrical grid. The system must comply with Oncor interconnection requirements for distributed generation systems as defined by the Public Utility Commission of Texas. More information on the general steps for interconnection of systems can be found at the following Oncor website: Arrangements regarding interconnection must be made with the Oncor Representatives responsible for Interconnection Agreements as soon as possible after an incentive commitment is made and prior to beginning installation of the Project. An Interconnection Agreement with Oncor must be completed and signed by both the Host Customer and Oncor. After the Service Provider receives a fully executed copy of the agreement from the Oncor Representative listed below, the Service Provider must upload a copy of the agreement into EEPM during the post-inspection process or when the project is submitted with the Savings Report. Oncor may pay a project near program close, if the Interconnection Agreement has been submitted and in-process. Oncor Contact for Interconnection Agreements is: Oncor Distributive Generation Linda Morgan Phone: DG@oncor.com 3.5 CODES, STANDARDS, AND PERMITS All solar photovoltaic system installations must obtain appropriate local building permits and pass all required local inspections, and must be in full compliance with the National Electric Code. Work must be performed in accordance with all applicable federal, state, and local codes and standards. 25

26 4 CONTRACTUAL PROVISIONS 4.1 COMPLIANCE WITH PROGRAM REQUIREMENTS By executing the Program Addendum, Service Provider warrants and represents that it is aware of and complies with all of the Contract Documents. Service Provider also warrants and represents that it meets or exceeds all of the following qualifications required by Oncor for participation in the Program: Possesses and can demonstrate experience in implementing similar Projects Can produce evidence of possession of all applicable licenses required under state law and local building codes Can produce evidence of possession of all building permits required by governing jurisdictions Can produce the proof of insurance required by Oncor Can produce evidence that subcontractors used carry the insurance requirements as required by Service Provider Service Provider warrants and represents that the Project meets all applicable federal, state, and local laws and regulatory requirements, and also warrants and represents that: The Project will result in Peak Demand and/or Energy Savings and a reduction in energy costs for the end-use customer The Project will result in consistent and predictable Peak Demand and/or Energy Savings over the Estimated Useful Life of the Measure The Project Application disclosed all potential adverse environmental or health effects associated with the Measures to be installed, if any Service Provider will comply with the customer protection requirements in PUCT Substantive Rule (u) while implementing the Project The Project does not achieve Peak Demand reduction and/or Energy Savings by eliminating an existing function or shutting down a facility or operation or result in building vacancies or the relocation of existing operations to locations outside of the facility or area served by Oncor Measures installed pursuant to the Project would not be installed even in the absence of the Project The Project does not result in negative environmental or health effects, including effects that result from improper disposal of equipment and materials Service Provider acknowledges that it reviewed a copy of this Program Manual 26

27 prior to submission of its Project Application. Service Provider warrants and represents that its participation in the Program has at all times been in compliance with the procedures and conditions set forth in the Program Manual, and that any failure to comply therewith may be treated as a breach of the Program Addendum notwithstanding the fact that such failure occurred prior to the execution of the Program Addendum. Service Provider also acknowledges that it meets or exceeds all of the qualifications required to participate in the Program as described in this Program Manual, and that failure to meet the qualifications therein may be treated as a breach of the Umbrella Agreement and Program Addendum. Service Provider warrants and represents that the total funds requested by it and its Affiliates do not equal more than 10% of the Program budget for each Project Option inclusive of its Affiliates CO-BRANDING GUIDELINES Service Provider will act as and be deemed to be an independent contractor. Service Provider will not act as, nor be deemed to be, an agent or employee of Oncor. Service Provider will have the sole right to control and directly supervise the method, manner, and details of the Project, providing it is in accordance with the Contract Documents. Service providers may not represent themselves as Oncor employees in the field, nor should they communicate in any way that they work on behalf of Oncor. Oncor does not endorse any Service Provider; therefore, written or verbal communication implying an endorsement is prohibited. Any reference to Oncor programs by Service Providers should clearly state that the service provider is a participant in Oncor s programs. Service Providers participating in programs will be listed on takealoadofftexas.com. Following is sample language Service Providers can use when communicating their relationship with Oncor. George s Energy Solutions is participating in Oncor s Solar PV Standard Offer Program. Through this program, we are able to install energy efficiency upgrades to help our customers reduce energy consumption CO-BRANDING WITH ONCOR Co-branding with Oncor is prohibited unless special permission is granted by Oncor communications. Service Providers and vendors may not use the Oncor/Take A Load Off, Texas logo in any marketing materials. Service Providers may promote Oncor s programs by distributing program marketing materials that are reviewed and approved by Oncor. 27

28 4.1.3 WEB SITE POLICY Service Providers are permitted to link their Web site to takealoadofftexas.com if the company agrees to the terms outlined in Oncor s Web linking policy and places required legal language on the company s Web site. Service Providers must submit a signed Web linking policy to their program manager prior to linking. Service Providers are also permitted to place the URL on customer facing marketing materials (e.g. pamphlets or flyers) this excludes company vehicles, banners, company signage etc. This would be considered co-branding which is prohibited by Oncor. 4.2 REQUIRED PROGRAM DOCUMENTS Prior to installation of a Project Measure at a Project Site, Service Provider must execute a Host Customer Agreement for every Host Customer affiliated with each Project Site. Oncor will not award Incentive Payments without proper completion of the associated Host Customer Agreement(s). After installation of the Project Measure at a Project Site, Service Provider must obtain an Installation Notice Customer Certificate from the Host Customer verifying the Measure was actually installed at the Project Site and the date installation was completed. If a Host Customer refuses to sign the Installation Notice Customer Certificate, Service Provider may request that Oncor perform an inspection of the Project Site, which shall be performed at Service Provider s expense. Final payment of incentives will not be made unless and until an Installation Notice Customer Certificate or inspection has been completed in accordance with the terms of the Contract Documents. Should Oncor not be able to complete the inspection, the Host Customer will be subject to removal from the Savings Report with no payment being made for the installed Measure. 4.3 PROJECT IMPLEMENTATION Service Provider agrees to use all reasonable efforts to implement the Project without undue delay and otherwise in accordance with the terms of the Contract Documents. Measures shall be designed, constructed and installed in a good and workmanlike manner only with materials and equipment of appropriate quality and, in any event, in accordance with Prudent Electrical Practices. The 2017 Measures submitted for payment can only be installed and submitted during the Program s effective dates for If a Savings Report, Host Customer Agreement, Installation Notice Customer Certificate, or other required supplemental documentation is deficient, Oncor will notify Service Provider of the deficiency, and Service Provider shall correct the deficiency within the period of time specified in the notice of deficiency. Service Provider shall verify that all attached documentation is legible. Oncor can request revised copies of documentation if it deems the documentation illegible. Service Provider should review all attachments for readability and correct if necessary. Oncor will inspect a statistically significant sample of the Projects submitted in the Savings Reports. These inspections shall be used to determine whether the 28

29 Measures were installed and are capable of performing their intended function of producing Peak Demand and/or Energy Savings. If Oncor determines that the Measures have been installed, tested, and inspected to the extent required by Oncor and found to be capable of providing Peak Demand and/or Energy Savings in material compliance with the Contract Documents, the Savings Report will be approved as submitted. The Verified Savings attributable to the Measures documented in the approved Savings Report will be used for purposes of calculating the Incentive Payment. If Oncor determines that any of the Measures installed pursuant to the Project are not capable of providing the incentive associated with the Peak Demand and/or Energy Savings in material compliance with the Contract Documents, a reduction in the incentives associated with the Peak Demand and/or Energy Savings will be required for purposes of calculating the final Incentive Payment. Any view, inspection, or acceptance by Oncor of any Project Site or of the design, construction, installation, operation, and maintenance of the Measures is solely for the information of Oncor. In performing any such inspection or review or in accepting the Measures, Oncor makes no representation or warranty whatsoever as to the economic or technical feasibility, capability, safety, or reliability of the Measures; their installation by Service Provider; or their compatibility with the Host Customer s facilities. If in the inspection process it is found that a system with an installed capacity of 15kW dc watt was installed in the residential option or more than 150kW dc watt installed in the commercial option, the project will be cancelled and will not be eligible for an incentive. 4.4 INCENTIVE PAYMENTS Oncor agrees to make an Incentive Payment to Service Provider based upon the Verified Savings derived from the Project. The total Incentive Payment due to Service Provider will be calculated by multiplying the Verified Savings by the applicable incentive rate. The total amount of incentives paid will not exceed the amount in the approved Reservation of Funds Agreement. Oncor will only make Incentive Payments to the extent funding remains available in the Program Option budget at the time the associated Savings Report is received by Oncor. 4.5 AUDIT AND RECORDS Service Provider shall keep and maintain accurate and detailed records and documentation relating to each Project and its associated Peak Demand and/or Energy Savings for a period of not less than three (3) years beyond the completion of the Project. During the retention period, such records shall be made available, upon reasonable notice, for inspection during normal business hours by Oncor or any governmental agency having jurisdiction over the Program or any portion of the Project. 29

30 According to the Texas Business and Commerce Code - Section 35.48, Retention and Disposal of Business Records, businesses that dispose of records containing personal information must destroy or modify the record through shredding or other means that renders the information unreadable. Personal information consists of the customer s name and any of the following: Customer identification number (premise number, meter number and/or ESI ID) Social Security number (or government identification number) Driver license number Address (physical or mailing) 4.6 AMENDMENT No amendment or modification of the Contract Documents shall be binding on either party unless it is in writing and signed by both parties. Amendments to this Program Manual will be attached hereto and made a part hereof for all purposes. Oncor may terminate the Umbrella Agreement and any Program Addendum at any time and for any reason in its sole discretion. Notwithstanding anything contained in the Contract Documents to the contrary, Oncor may from time to time modify the Standard Offer Program. If Oncor determines in its sole discretion that the modification necessitates an amendment of this Program Manual, Oncor shall notify Service Provider in writing of the need to amend this Program Manual to comply with such changes and shall provide Service Provider with an Amendment setting forth the required changes. If Service Provider does not execute and return such amendment on or before five (5) calendar days of its receipt of such notice (the Amendment Deadline ), the Program Addendum shall terminate on the Amendment Deadline, and the parties will have no further obligations under the Program Addendum other than those accruing prior to such termination. 4.7 PERMITS, LICENSES, AND COMPLIANCE WITH LAW Service Provider represents and warrants that prior to beginning installation of any Measures, it will obtain, at its own cost and expense, all permits, licenses, and other authorizations from governmental authorities in its business name as then may be required to install, construct, operate, and maintain the Measures and to perform its obligations hereunder. During the term hereof, Service Provider will obtain all such additional governmental permits, licenses, and other authorizations when required with respect to any of the Measures. If requested by Oncor, Service Provider shall furnish to Oncor copies of each such permit, license, or other approval promptly following receipt thereof. Service Provider shall maintain in full force and effect all such governmental permits, licenses, and other authorizations as may be necessary for the construction, operation, or maintenance of the Measures in accordance herewith. 30

31 Service Provider shall be responsible for all royalties, fees, or claims for any licensed, copyrighted, or similarly protected intellectual property, device, process, or procedure used, installed, or provided by it. Service Provider shall defend any suit that may be brought against Oncor and shall hold Oncor harmless from any liability, damages, and costs, including without limitation attorney s fees, incurred by Oncor arising from or related to infringement or alleged infringement of any such intellectual property used by Service Provider in the implementation of the Project. All work performed by Service Provider in connection with the implementation of the Project and all Measures installed or maintained by Service Provider shall comply with all applicable laws, statutes, ordinances, rules, regulations and decrees of any governmental or administrative body having jurisdiction over Oncor, Service Provider, the Program or any portion of the Project. 4.8 INDEPENDENT CONTRACTOR Service Provider will act as and be deemed to be an independent contractor. Service Provider will not act as, nor be deemed to be, an agent or employee of Oncor. Service Provider will have the sole right to control and directly supervise the method, manner, and details of the Project, providing it is in accordance with the Contract Documents. 4.9 FORCE MAJEURE Should either party be rendered unable, either wholly or in part, by an event of Force Majeure to fulfill its obligations under the Contract Documents, the obligation of the Party so rendered, which is affected by the event of Force Majeure, will be suspended only during the continuance of that inability. The Party so affected will give written notice of the existence, extent, and nature of the Force Majeure to the other party within forty-eight (48) hours after the occurrence of the event. The party so affected will use its best efforts to remedy its inability as soon as possible and will provide the other party with prompt notice when it is able to resume the performance of its obligations. Failure to give notice will result in the continuance of the affected party s obligation regardless of the extent of any existing Force Majeure. The term Force Majeure as used in this Program Manual will mean acts of God (except as excluded herein), strikes, lockouts, or other industrial disturbances; acts of public enemies or terrorists, wars, blockades, insurrections, riots, epidemics, earthquakes, fires; priority allocations of pipe or other materials or orders; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; any arrests and restraints, civil disturbances, explosions; and inability despite reasonable diligence to obtain materials essential to this Program Manual. Rain, snow, ice, or other adverse weather conditions will not be considered events of Force Majeure. The term Force Majeure does not include: events or circumstances that affect the costs of installing the Measures but do not prevent performance, including, but 31

32 not limited to, requirements, actions, or failures to act on the part of governmental authorities (including the adoption or change in any rule or regulation or environmental constraints lawfully imposed by federal, state, or local governmental bodies); changes in market conditions; and events or conditions attributable to normal wear and tear or flaws randomly experienced in materials and equipment and their assembly and operation, unless such events and conditions are caused by an occurrence that would fit the definition of Force Majeure set forth in this Program Manual. In no event will any Force Majeure extend the Umbrella Contract or Program Addendum beyond its stated term. If any Force Majeure causes a reduction in the Measures, the parties may at any time agree to reduce the number of Measures or associated Energy Savings and Peak Demand Savings for the duration of the Force Majeure event MISCELLANEOUS Service Provider will not assign, transfer, or otherwise dispose of any of its obligations or duties without the prior written approval of Oncor. Any assignment or transfer made without the express written approval of Oncor will be null and void. The rights and remedies provided by the Contract Documents are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the party may have by law, statute, ordinance, or otherwise. No waiver by the party hereto of any default or breach of any term, condition, or covenant of the Contract Documents shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein. In the event any provision of the Contract Documents is held to be void, unlawful, or otherwise unenforceable, that provision will be severed from the remainder of the Contract Documents and replaced automatically by a provision containing terms as nearly like the void, unlawful, or unenforceable provision as possible; the Contract Documents as so modified will continue to be in full force and effect. 32

33 APPENDIX APPENDIX APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G PROGRAM ADDENDUM INITIAL APPLICATION AGREEMENT RESERVATION OF FUNDS AGREEMENT INSTALLATION NOTICE CUSTOMER CERTIFICATE SAVINGS REPORT HOST CUSTOMER AGREEMENT INSURANCE REQUIREMENTS Note: Documents below may not completely reflect updated contact information and are for review only. Approved documents will be available in EEPM for each specific project and will be available as the projects progresses. Only documents printed from EEPM should be used and attached to the project. 33

34 APPENDIX APPENDIX A PROGRAM ADDENDUM This Program Addendum ( Program Addendum ) is made by the undersigned pursuant to the Amended and Restated Texas Energy Efficiency Market Agreement (the Agreement ) dated as of (Umbrella Agreement approval date auto fill from EEPM), by and between Oncor Electric Delivery Company LLC ( Company ), a Delaware limited liability company, and (auto fill from EEPM) (hereinafter Participant ). WHEREAS, Company has developed a demand-side (Program name auto fill from EEPM) (the Program ) for its (customer class commercial or residential auto fill EEPM) customer classes as part of Company s TEEM Program (as defined in the Agreement); and WHEREAS, the Program seeks to procure energy and peak demand savings through the installation and operation of energy efficiency measures at (customer class commercial or residential auto fill from EEPM) customer sites; and WHEREAS, Participant has developed a plan for participation in the Program through a set of proposed energy efficiency measures that will produce consistent and predictable energy and peak demand savings. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Company s (Program Name auto fill from EEPM) Manual (the Manual ), including all terms and conditions therein, is incorporated into this Program Addendum in its entirety. Undefined capitalized terms used herein have the meanings given them in the Manual. Any references in the Manual to Service Provider shall refer to Participant. 2. Participant understands and agrees to be bound by the Manual. Participant further understands and agrees that the Manual is subject to change from time to time, at the sole discretion of Company. 3. Participant understands and agrees that it shall only be allowed to participate in the Program during the period of time in which the Agreement and the Manual are in effect. 4. Participant understands and agrees that as a condition to participating in the Program, Participant must submit an application ( Application ) each year in accordance with the requirements set forth in the Manual. 5. The TEEM Projects (as defined in the Agreement) shall consist of Participant s participation in the Program pursuant to the Manual and an Application for such TEEM Projects that has been approved by Company. Participant shall complete the TEEM Projects in accordance with the Manual and such Application. Available incentives/fees for the TEEM Projects and terms governing the payment of such incentives/fees shall be set forth in the Manual; provided, however, that Company may, in its sole discretion, condition its approval of an Application based on incentives/fees that differ from that set forth in the Manual ( Replacement Incentives ). Any Replacement Incentives and terms governing the payment of such Replacement Incentives shall be set forth in a writing executed by both Company and Participant prior to commencement of the TEEM Projects. Replacement Incentives will supersede any incentives/fees set forth in the Manual. 6. The term of this Program Addendum shall commence on the date of execution by Company (the Commencement Date ) and, unless otherwise terminated as set forth in the Agreement, shall 34

35 APPENDIX continue in force and effect until Company s payment of any applicable incentives/fees payable in accordance with Section 5 of this Program Addendum upon Participant s completion of the TEEM Projects. 7. In the event Company provides Participant with a notice of termination, Participant will finish any Project already commenced which cannot be discontinued without breaching the Host Customer Agreement. Company will have no obligations with respect to any contractual obligations entered into between Host Customer and Participant after Participant s receipt of Company s notice of termination. 8. Participant understands and agrees that any TEEM Projects must be completed in accordance with the terms and conditions set forth in the Manual. Company shall have no obligation to make any payments with respect to any TEEM Projects or portions of TEEM Projects that are not completed in compliance with the Manual. In the event Company makes any payment with respect to a TEEM Project or portion of a TEEM Project that Company later determines was not completed in compliance with the Manual, Participant agrees to reimburse Company for the amount of such payment. 9. In the event a TEEM Project is terminated prior to completion, Company's only liability will be to pay Participant the unpaid balance due Participant for that portion of the TEEM Project commenced and which cannot be discontinued without breaching the Host Customer Agreement; notwithstanding the foregoing, however, Company shall not be required to pay Participant for any portion of a TEEM Project that Company determines was not completed in compliance with the terms and conditions set forth in the Manual. 10. The parties understand and agree that this Program Addendum shall be incorporated into, and shall become a part of, the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Program Addendum to be executed by their duly authorized representatives. By execution of this Program Addendum, each party reaffirms the binding nature of the Amended and Restated Texas Energy Efficiency Market Agreement (the Agreement ) and represents and warrants that the Agreement was duly and properly executed by an authorized individual on behalf of such party. ONCOR ELECTRIC DELIVERY COMPANY LLC By: Name: Title: Garry Jones Manager Energy Efficiency Date: [PARTICIPANT auto fill from EEPM] By: Name: Title: Date: 35

36 APPENDIX APPENDIX B INITIAL APPLICATION AGREEMENT 36

37 APPENDIX APPENDIX C RESERVATION OF FUNDS AGREEMENT 37

38 APPENDIX APPENDIX D INSTALLATION NOTICE CUSTOMER CERTIFICATION 38

39 APPENDIX APPENDIX E SAVINGS REPORT 39

40 APPENDIX I. General Information APPENDIX F HOST CUSTOMER AGREEMENT Host Customer Name Service Provider Name Project Name Site Address City and ZIP Code II. Host Customer and Service Provider Acknowledgements ( Service Provider ) intends to install energy efficiency measures at facilities owned and/or operated by ( Host Customer ) at the address(es) ( Project Site(s) ) listed above (the Project ). The Service Provider is implementing the Project as part of an energy efficiency Standard Offer Program (the Solar Photovoltaic Standard Offer Program ) offered by Oncor Electric Delivery Company LLC ( Oncor ). In consideration of participation in the Solar Photovoltaic Standard Offer Program, and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, Service Provider and Host Customer agree as shown below. III. Customer and Service Provider Agreements Host Customer agrees to provide Oncor, upon three (3) days prior notice (which may be oral, electronic, or written) from Service Provider, full and complete access to the Project Site for any purpose related to the Solar Photovoltaic Commercial Standard Offer Program. Host Customer agrees that said access shall be provided during the Host Customer s normal business hours and in compliance with the Host Customer s reasonable access requirements. Host Customer acknowledges that any view, inspection, or acceptance by Oncor of the Project Site or of the design, construction, installation, operation, or maintenance of the measures is solely for the information of Oncor, and that, in performing any such inspection or review or in accepting the measures, Oncor makes no representations or warranties whatsoever as to the economic or technical feasibility, capability, safety, or reliability of the measures; the energy savings of such measures; the installation of such measures by the Service Provider; or their compatibility with the Host Customer s facilities. Host Customer attests by signing below that the project/measure(s) would not have been accomplished or would have been completed with less efficient equipment/materials except for the existence of the incentive provided by the Solar Photovoltaic Standard Offer Program. Host Customer acknowledges that the Service Provider is an independent contractor with respect to Oncor and the Solar Photovoltaic Standard Offer Program, and that the Service Provider is not authorized to make representations or incur obligations on behalf of Oncor. Host Customer acknowledges that Oncor is not a party to this Host Customer and 40

41 APPENDIX Service Provider Agreement and that the Service Provider is solely responsible for performance thereunder. Host Customer acknowledges that Oncor makes no warranty or representation regarding the qualifications of the Service Provider and that the Host Customer is solely responsible for the selection of the Service Provider. Host Customer acknowledges that the Host Customer may file a complaint with the Public Utility Commission of Texas concerning the Service Provider, but that Oncor will play no role in resolving any disputes that arise between the Host Customer and the Service Provider. Host Customer and Service Provider acknowledge that the total Project cost proposed by the Service Provider and accepted by the Host Customer is $XXX and that the incentive paid for the Project will never exceed 50% of the total Project cost. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND THE LAWS OF THE STATE OF TEXAS, HOST CUSTOMER AGREES TO INDEMNIFY, DEFEND, RELEASE, AND HOLD HARMLESS ONCOR FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, ATTORNEYS FEES, JUDGMENTS, COSTS, AND/OR LEGAL LIABILITY (COLLECTIVELY REFERRED TO HEREIN AS CLAIMS ) OF HOST CUSTOMER OR ANY CONTRACTOR OR SERVICE PROVIDER ENGAGED BY HOST CUSTOMER OR ANY OWNER OR OCCUPANT OF THE PROJECT SITE, AND ALL AFFILIATED OR RELATED FIRMS AND ENTITIES, OFFICERS, DIRECTORS, PARTNERS, LIMITED PARTNERS, EQUITY HOLDERS, ASSOCIATES, EMPLOYEES, SERVANTS, AND AGENTS OF EACH (COLLECTIVELY, THE CUSTOMER GROUP ) ARISING OUT OF OR RELATED TO, OR IN ANY WAY CONNECTED WITH THE PROJECT, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO: 1) INJURY OR DEATH OF PERSONS; 2) DAMAGE TO PROPERTY OR NATURAL RESOURCES; 3) VIOLATION OF ANY LOCAL, STATE, OR FEDERAL LAW OR REGULATION INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL AND HEALTH AND SAFETY LAWS OR REGULATIONS; 4) STRICT LIABILITY IMPOSED BY ANY LAW OR REGULATION; 5) EQUIPMENT MALFUNCTIONS; OR 6) ENERGY SAVINGS SHORTFALLS OF THE PROJECT; AND FURTHER, IT IS THE EXPRESS INTENT OF THE PARTIES THAT, FOR THE PURPOSES OF THIS PARAGRAPH, CLAIMS, AND CUSTOMER'S OBLIGATIONS TO DEFEND, PROTECT, INDEMNIFY, AND HOLD HARMLESS, WILL INCLUDE, BUT NOT BE LIMITED TO, CLAIMS ARISING OUT OF OR RESULTING FROM ONCOR GROUP'S SOLE OR CONCURRENT (1) NEGLIGENCE, (2) STRICT LIABILITY, OR (3) OTHER FAULT OF ANY NATURE. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Service Provider Host Customer Signature: Name: Title: Company: Date: Signature: Name: Relationship to Host Cust Date: 41

42 APPENDIX G INSURANCE REQUIREMENTS APPENDIX 42