20051011 2005-17ORDINANCE NO. 2005 - 17
AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT AN
OPT-OUT MUNICIPAL AGGREGATION PROGRAM FOR THE CITY OF
FAIRFAX PURSUANT TO VIRGINIA REVISED CODE SECTION § 56-589 AND
DOMINION VIRGINIA POWER TERMS AND CONDITIONS FOR MUNICIPAL
AGGREGATION PILOT PROGRAM
WHEREAS, pursuant to Virginia Revised Code Section § 56-589, counties, cities,
and towns (hereafter municipalities) and other political subdivisions of the Commonwealth
may, at their election and upon authorization by majority votes of their governing bodies,
aggregate electrical energy and demand requirements for the purpose of negotiating the
of electrical energy requirements fi.om any licensed supplier within this
?ommonwealth; and
WHEREAS, any municipality or other political subdivision of the Commonwealth
may aggregate the electric energy load of residential, commercial, and industrial retail
within its boundaries on an opt-in or opt-out basis; and
WHEREAS, Dominion Virginia Power has received approval to conduct a Municipal
~_ggregation Pilot program as set forth in Terms and Conditions approved by the Virginia
State Corporation Commission's Final Order in Case No. 2003-00118; and
WHEREAS, this Council seeks to establish an electric municipal aggregation
program with opt-out provisions, according to law, for the residents, businesses and other
electricity consumers in the City of Fairfax who receive commodity sales service and
distribution services fi.om Dominion Virginia Power;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Fairfax,
that:
Section 1. The City Council finds and determines that it is in the best interest of
certain electric consumers located within the corporate limits of the City to establish an opt-
out electric aggregation program (the "Electric Aggregation Program") in the City. The City
is hereby authorized to aggregate in accordance with Section 56-589, Virginia Revised Code,
the retail electric loads located within the City. For the Electric Aggregation Program, the
City may enter into service agreements to facilitate the sale and purchase of electric service
for retail electric loads. The City may exercise such authority jointly with any other political
subdivision of the State of Virginia, within Dominion Virginia Power's service territory, to
the full extent permitted by law. The Electric Aggregation Program does not apply to such
persons that are not eligible customers pursuant to the Terms and Conditions of Dominion
Virginia Power's Municipal Aggregation Pilot program or rules and orders of the Virginia
State Corporation Commission.
Section 2. Upon approval of the majority of Council, the City shall develop a plan of
operation and governance for the Electric Aggregation Program. Once approved by Council,
this Operation and Governance Plan shall is filed with the Commission. The Operation and
Governance Plan adopted shall detail the services to be provided under the aggregation and
specify all customer rights and obligations under the aggregation. The plan shall be
sufficiently detailed to allow Customers to readily understand the services that the municipal
aggregator is to provide and to compare those services to similar services provided by CSPs.
The municipal aggregator shall write the plan in clear and plain language so that consumers
can readily understand it. The plan shall, at a minimum, contain all of the following:
(a) A detailed description of services the municipal aggregator is to provide
under the aggregation, noting whether the service is to be provided directly by the
municipal aggregator or by a party contracted by the municipal aggregator.
(b) A detailed description of the municipal aggregator's plan for providing the
required opt-out disclosure notices to Customers. The plan shall describe the steps that
the municipal aggregator will take to ensure that all Customers within the municipal
aggregator's boundaries are notified. The plan shall also identify the time frames
associated with the opt-out disclosure notice.
(c) A detailed description of the municipal aggregator's customer service
procedures and dispute resolution processes, including notice of the Customer's fight
to contact the Commission and the Commission's toll-free telephone number.
(d) A detailed description of the policies associated with a Customer moving
into the aggregation area or within the aggregation area. If the policies provide that
these Customers will be automatically included in the aggregation, the municipal
aggregator shall provide the Customer an opportunity to opt-out of the aggregation.
(e) A description of the municipal aggregator's policies regarding the ability of
a Customer who has previously opted out of the aggregation to join the aggregation,
including identification of any associated conditions.
the City shall keep its Operation and Govemance Plan available for public inspection and
shall, upon request, provide a copy of the plan to any existing or potential Customer of the
aggregation. The City shall not alter its Operation and Governance Plan in any way that
materially affects the Customers of the aggregation without first providing notice to all
affected Customers and providing these Customers the opportunity to opt-out of the
aggregation according to the procedures established for the initial opt-out disclosure notice.
The notice shall set forth the changes to the plan, inform the Customer of its fight to opt-out
of the aggregation without penalty, and identify the method and time frame for the Customer
to opt-out.
INTRODUCED:
September 27, 2005
PUBLIC HEARING:
October 11, 2005
ADOPTED:
October 11, 2005
ATTEST:
[ City Clerk
Vote:
Councilwoman Cross Aye
Councilman Greenfield Aye
Councilwoman Lyon Aye
Councilman Rasmussen Aye
Councilman Silverthome Aye
Councilmember Winter Aye