2381-13 Energy Aggregation-Gabel Assoc. (Final).pdf

TOWNSHIP CODE § 2-93.1 2-93.1: Program Established. The Township hereby establishes a Government Energy Aggregation Program, in accordance with the provisions of the Government Energy Aggregation Act, N.J.S.A. 48:3-93.1 et seq., and the rules promulgated thereunder, N.J.A.C. 14:4-6.1, et seq. The Township’s program may be referred to as the West Orange Community Energy Aggregation, or “WOCEA.” The Township of West Orange shall be the lead agency and any agreements entered into in connection with the Program shall be subject to review by the Township. 2-93.2: Aggregation Agreement. The Mayor shall be and hereby is authorized to execute and the Clerk to attest to the execution of an Electric Distribution Aggregation Agreement, in a form acceptable to the Township, with Public Service Electric and Gas Company (“PSE&G”). 2-93.3: Applicability of Rules and Regulations; Solicitation of Proposals. Pursuant to the terms and conditions of the Government Energy Aggregation Act and the rules promulgated thereunder, and specifically N.J.A.C. 14:4-6.2, the Township shall oversee the WOCEA as lead agency and consistent with applicable rules, shall solicit proposals for electric generation service and energy aggregation services on behalf of Township residents who do not opt out and non-residential customers that opt in to the WOCEA program. The Mayor may execute and enter into a contract for such services provided that the lowest qualified bid price is below the prevailing price for utility-provided basic generation service, consistent with any applicable law. Pursuant to the regulations of the Government Energy Aggregation Act, a public notice of the WOCEA program will be issued whereby non-residential energy consumers may opt into the WOCEA program, and residential customers may opt out. 2-93.4: Master Performance Agreement. The Mayor may also execute a master performance agreement that obligates the participants in the WOCEA to purchase electricity at terms and conditions stated therein with a third party supplier that has been awarded the contract by the Township on behalf of participating members of the WOCEA, and provided that such contract shall be at prices reasonably forecast and estimated by the Township to provide savings to participants relative to the price charged for basic generation service by PSE&G. 2-93.5: Repeal. All ordinances or parts of ordinances

bly forecast and estimated by the Township to provide savings to participants relative to the price charged for basic generation service by PSE&G. 2-93.5: Repeal. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. 2-93.6: Conflicts. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Karen J. Carnevale, Municipal Clerk Susan McCartney, Council President Honorable Robert D. Parisi Mayor Introduced: July 16, 2013 Adopted: August 20, 2013