927.05  AGGREGATION OF RETAIL CUSTOMER DEMAND RESPONSE; ANCILLARY SERVICES BY DEMAND RESPONSE RESOURCES.
   (a)   The Council of the Village of Wellington ("Municipality"), as the retail electric regulatory authority for the Municipality and its retail electric consumers, determines it to be desirable that the aggregation of demand response on behalf of its retail customers to be bid directly into the organized electric and ancillary services markets administered by the regional transmission organization that includes the Municipality (or any successor independent system operator or regional transmission organization) be performed by the Municipality or its authorized designee.
   (b)   The Village of Wellington or its authorized designee is the sole entity permitted to aggregate retail customers' demand response and bid demand response on behalf of retail customers of the Municipality directly into any Commission-approved independent system operator's or regional transmission organization's organized electric markets.
   (c)   Retail customers on the Municipality's electric system desiring to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so only by participating in the program established by the Municipality or its authorized designee. 
   (d)   The Municipality or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers of the Municipality directly into any Commission-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)   Retail customers of the Municipality's electric system desiring to bid their demand response into a Commission-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) may do so only by participating in the program established by the Municipality or its authorized designee
   (f)   The Village Manager is authorized to adopt any necessary regulations to implement this Section.
   (g)   If any paragraph, clause or provision or any part thereof of this Section shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Section shall be unaffected by such adjudication and all the remaining provisions of this Section shall remain in full force and effect as though such section, subsection, paragraph, clause or provision or any part thereof so adjudicated to be invalid had not, to the extent of such invalidity, been included herein. 
(Ord. 2009-04.  Passed 1-26-09; Ord. 2010-45.  Passed 12-20-10.)