Pacific Gas and Electric Company
ELRP A.6. Residential Customers
Participation Terms and Conditions
Thank you for your participation in the Pacific Gas and Electric Company (“PG&E”) Emergency Load Reduction Program Pilot A.6 (“Pilot”) implemented by Olivine, Inc. (“Olivine”) via ClimateResponse™ on behalf of PG&E. On March 26, 2021, the California Public Utilities Commission (CPUC) issued Decision D. 21-03-056 which approved the Emergency Load Reduction Program (ELRP) pilot. The CPUC subsequently issued D. 21-12-015 making modifications to the ELRP which included a large-scale program for residential customers. Participation is legally bound by the Pilot’s participation terms and conditions (“Terms”).
- The Pilot. The Pilot includes Participants who have been automatically enrolled or elect to participate for the Demand Response (DR) season for Pilot event hours (“Event”) as defined below. PG&E will use each Pilot Participant’s SmartMeter data to measure performance across the Pilot Events.
Participant Eligibility. PG&E shall determine in its sole discretion Participant’s eligibility which must include:
- Participant receives electtric service on a residential rate
- Participant has an active service agreement with PG&E
- Participant has a PG&3 SmartMeter
- Participant is not simultaneously enrolled in another supply-side demand response program offered by PG&E, third-party DR provider (DRP), or Community Choice Aggregator (CCA)
- Participant is not an electric customer of a Community Choice Aggregator who has opted out of being included in the Pilot
- Pilot Enrollment Period. The Pilot shall continue until at least December 31, 2023 unless extended, or Participant’s enrollment is terminated sooner (“Pilot Enrollment Period”) or eligibility changes resulting in Participant unenrollment.
- ELRP A.6. Residential Customers Events. ELRP A.6. Residential Customers Events will be triggered the day-ahead by CAISO Grid Alerts and Flex Alert days between May 1st and October 31st (DR Season) and the Event hours will be between 4:00 PM and 9:00 PM.
- Pilot Incentives. Participants who have participated in Events will receive a yearly incentive for Event participation in 2022 and 2023. The incentive value has been set by the CPUC at $2 per kilowatt hour as based on the incremental load reduction during Event hours. PG&E retains sole discretion for the calculation of the incremental load reduction. The incentive will be paid as a bill credit in the first months of the following calendar year for Participants who have an active service agreement.
- Communications. Participant has the option to provide and maintain a valid email address or cellular phone number for Pilot communications, accepts responsibility for the receipt of these communications and any consequences of not receiving them. Participant may unsubscribe from communications by following instructions in event notifications or as directed on the website. It may take up to 10 days to take effect. Participant may authorize the use of email and/or cellular phone or download the Pilot app required to receive Pilot communications.
- Participant Information. Participant authorizes PG&E and Olivine to access and/or provide Participant’s personal identifiable information, energy usage data, utility account number, or information generated and arising from Participant’s participation during the Pilot Enrollment Period to carry out the Pilot’s purpose and as required to be disclosed pursuant to the CPUC’s request.
- Personal Non-Commercial Use. The Pilot is offered ONLY for personal, non-commercial premises.
- Costs. PG&E and Olivine are not responsible for providing any costs associated with equipment that might aid Participant in the Pilot, i.e. devices, internet access, or, if any, impact to Participant’s electric bills.
- No Warranty; Disclaimer. PG&E and Olivine expressly disclaim all warranties of any kind relating to the Pilot, whether express, implied or statutory (including, without limitation, any implied warranties for conditions or merchantability, fitness for a particular purpose, title, non-infringement or misappropriation of intellectual property rights).
- Limitation of Liability.To the fullest extent permitted by applicable law, under no circumstances shall Olivine or PG&E be liable for any indirect, incidental, special or consequential damages, arising in connection with the Pilot. If Participant is dissatisfied with the Pilot, any of these Terms, or believes Olivine or PG&E has breached these Terms in any way, Participant’s sole and exclusive remedy is to discontinue participation in the Pilot.
Pilot Participation Termination.
- Termination By PG&E. PG&E has the sole discretion to terminate the Pilot, or Participant’s participation in the Pilot, at any time without cause by providing Participant written notice.
- A customer participating in ELRP A.6 is permitted, at any time, to enroll in a market-integrated DR program offered by the IOU, third-party DRP, or CCA. After PG&E becomes aware that the Participant’s service account has been enrolled in a market-integrated DR program, PG&E will de-enroll the service account from ELRP A.6.
- Termination by Participant. Participant may terminate their enrollment in the Pilot at any time for any reason by going to the ELRP A6 website.
- Entire Agreement. These Terms are the entire agreement between PG&E, Olivine and Participant concerning the Pilot’s eligibility and participation requirements.
- No Assignment. These Terms may not be assigned by Participant without PG&E’s prior written consent.
- Severability and Waiver. If any provision herein is invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Survival. Termination of the Participant’s enrollment in the Pilot will not affect the parties’ obligations and rights under these Terms which by their sense and context are intended to survive such termination.
- CPUC Jurisdiction. These Terms shall be subject to all legal and regulatory requirements applicable to ELRP (including, without limitation, any decisions, orders or rules of the CPUC).
- Amendments. These Terms may be changed by PG&E from time to time and any changes will be published in revisions to this document and/or posted to PG&E’s or Olivine’s website.