The City Council hereby finds the following.
(A) The Federal Energy Regulatory Commission has issued Order No. 719, 125 FERC H 61,071, 73 Fed. Reg. 64,099 (10-28-2008).
(B) Pursuant to Order No. 719, 18 C.F.R. § 35.28(g)(1) provides: “Each Commission-approved independent system operator and regional transmission organization must permit a qualified aggregator of retail customers to bid demand response on behalf of retail customers directly into the Commission-approved independent system operator’s or regional transmission organization’s organized markets, unless the laws and regulations of the relevant electric retail regulatory authority expressly do not permit a retail customer to participate.”
(C) Pursuant to Order No. 719, 18 C.F.R. § 35.28(g)(1)(i)(A) provides: “Every Commission-approved independent system operator or regional transmission organization that operates organized markets based on competitive bidding for energy imbalance, spinning reserves, supplemental reserves, reactive power and voltage control, or regulation and frequency response ancillary service (or its functional equivalent in the Commission-approved independent system operator’s or regional transmission organization’s tariff) must accept bids from demand response resources in these markets for that product on a basis comparable to any other resources, if the demand response resource meets the necessary technical requirements under the tariff, and submits a bid under the Commission-approved independent system operator’s or regional transmission organization’s bidding rules at or below the market-clearing price, unless not permitted by the laws or regulations of the relevant electric retail regulatory authority.”
(D) Pursuant to state law and the City Charter, the city is authorized to enact regulations governing the provision of electric power to retail customers within the service territory of the municipal electric utility.
(E) It would be harmful to the demand response in the municipal electric utility, and the collective interests of the municipal electrical system, as a load-serving entity with an obligation to serve at retail, the electrical system’s retail customers to permit any entity other than the municipal electrical system itself or its authorized designee to aggregate demand response on behalf of its retail customers.
(F) It to be desirable that the aggregation of demand response on behalf of retail customers served by the municipal electric system to be bid directly into the organized electric and ancillary services markets administered by the Regional Transmission Organization/Independent System Operators, or its successors or authorized designee, the following amendments (§§ 55.36 and 55.37 of this chapter) are hereby adopted.
(Prior Code, § 3.26) (Ord. 18, Fourth Series, effective 6-24-2021)