§ 54.02  PROHIBITION ON DIRECT RETAIL CUSTOMER PARTICIPATION IN MISO DEMAND RESPONSE PROGRAMS.
   (A)   The findings and determinations set forth in the preambles to Ordinance No. 2009-04 are hereby made findings and determinations of the Council.
   (B)   The city or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the city directly into any FERC-approved independent system operator's or regional transmission organization's organized electric markets.
   (C)   (1)   Retail customers served by the city wishing to bid their demand response into a FERC-approved independent system operator's or regional transmission organization's organized electric markets may do so by participating in the program established by the city.
      (2)   Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the city.
   (D)   The city or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by city directly into any FERC-approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the Commission-approved independent system operator's or regional transmission organization's tariff).
   (E)   (1)   Retail customers served by the city wishing to bid their demand response into a FERC- approved independent system operator's or regional transmission organization's organized markets for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary services (or its functional equivalent in the FERC-approved independent system operator's or regional transmission organization's tariff) may do so by participating in a program that will be established by the city or its authorized designee.
      (2)   Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the city.
(Ord. 2009-04, passed 2-9-2009)  Penalty, see § 10.99