Virtual Power Plant Program

Please note: The terms and conditions listed are still being reviewed, and subject to change prior to the program’s launch.

This Agreement (“Agreement”) between Central Coast Community Energy, a joint powers authority of the state of California (“3CE”) and an eligible residential customer (“APPLICANT”) outlines the terms and conditions of the Virtual Power Plant Program, Battery Pilot (“Program”) offered by 3CE. Currently, this Program is approving rebates (“Rebates”) for enrollment of a battery energy storage system (“Battery System”) in the Program. If APPLICANT’s application for enrollment in the Program (“Application”) is accepted by 3CE, 3CE will provide participation payments for managing the APPLICANT’s Battery System. Participant acknowledges that they have thoroughly and carefully read, understand, and agree to the following.

3CE anticipates that the Program will continue through September 30, 2029. APPLICANT may choose to leave the program at any time upon 30 days’ notice to 3CE. 3CE reserves the right to remove APPLICANT from the Program or to disallow an Application to join the Program for any reason. 3CE may remove APPLICANT from the Program if APPLICANT no longer meets eligibility requirements set forth in this Agreement, or if 3CE determines APPLICANT is no longer actively participating in the Program.

By submitting an Application, APPLICANT agrees to the following terms and conditions:

1. APPLICANT agrees to follow and be contractually bound by all terms and conditions herein.

2. APPLICANT must be a 3CE residential customer residing at an address within 3CE’s service territory.
3. APPLICANT must have a 3CE account that is paid and current as of the date of the Application.
4. APPLICANT is the owner of the property where the Battery System will be installed (“Property”) OR APPLICANT has the written permission of the Property owner to install the Battery System.
5. APPLICANT understands that in order to receive a Rebate, they must participate in the Program with their Battery System and meet all program requirements as outlined in the Program Eligiblility information. In the event that APPLICANT does not participate in the Program with their Battery System, APPLICANT may need to refund 3CE for the full value of the Rebate. APPLICANT is solely responsible for repayment to 3CE of a Rebate for which they do not qualify on the date of the execution of the Agreement. 3CE reserves the right to demand a refund payment, and, if the refund payment is not received by 3CE within ninety (90) calendar days of 3CE’s notification to APPLICANT that a refund is required, 3CE may recall applicable Rebate payment using a method of its election, including but not limited to, issuance of a charge for the full amount of applicable Rebate on APPLICANT’s utility bill and/or submission of the debt to a collections agency.
6. APPLICANT agrees to release, indemnify, defend, and hold harmless 3CE and its agents, employees, and/or representatives from all claims, demands, and liabilities, including bodily injury claims, arising out of or in connection with the APPLICANT’s participation in the Program. Neither 3CE nor APPLICANT shall be liable to the other for incidental, special, punitive or consequential damages.
7. Submittal of an Application does not commit 3CE to any financial obligation to APPLICANT. 3CE will only commit to award a Rebate to APPLICANT upon written confirmation that all Program eligibility conditions are met and all required documents and information pertaining to an Application have been provided to 3CE. The Program is on a first-come, first served basis until funding is depleted.
8. 3CE reserves the right to discontinue the Program at any time for any or no reason and remove all available, non-reserved funds.
9. 3CE reserves the right to change the requirements and/or due dates as may be necessary, upon written notice to APPLICANT.
10. 3CE reserves the right to consider factors other than those specified within an Application and to request additional information from APPLICANT that are pertinent to the Program.
11. 3CE reserves the right to reject any or all applications received in relation to the Program.
12. 3CE does not issue a 1099 for the Rebate and 3CE cannot offer tax advice of any kind. It is APPLICANT’S responsibility to contact a tax professional regarding the
    taxability of the provided Rebate.
13. APPLICANT agrees to remain enrolled in 3CE retail electric service for a minimum of 24 consecutive months following the Application approval date. Applicant understands the rebate may be revoked if Applicant unenrolls the utility account in 3CE service before 24 consecutive months.
14. APPLICANT understands that by participating in the program, 3CE may publicly share aggregate data about the program which will include APPLICANT’s project, rebate, and/or installation contractor. 3CE will not release the APPLICANT’s personal and/or identifiable information without APPLICANT’s written consent, unless otherwise identified in the program’s requirements.

15. By participating in this program, APPLICANT understands and agrees that 3CE may publicly share APPLICANT’s battery system photo(s). 3CE will remove any personally identifiable information before sharing photos, unless otherwise provided permission by APPLICANT. 3CE will not release the APPLICANT’s personal and/or identifiable information without APPLICANT’s written consent.
16. Any dispute arising out of or relating to this Agreement shall be governed by and construed under the laws of the State of California, without reference to its conflicts of law provisions. Any dispute, or claim arising out of relating to this Agreement, or breach thereof shall be venued in Monterey County.
17. These terms may be modified at any time in accordance with any legal or regulatory directive, upon written notice to APPLICANT.
18. APPLICANT certifies that all information provided as part of its Application, including any attachments, are true and correct. APPLICANT will immediately update 3CE with any changes to the information provided in the Application.
19. APPLICANT certifies that the installed Battery System was purchased new and unused. Battery systems categorized as resale units, rebuilt, refurbished, or worn do not qualify under this Program. APPLICANT must present proof of purchase, and any other requested documentation to 3CE in order to qualify. Battery system must be installed and utilized residentially in accordance with eligibility guidelines stated on the website at time of Application submission.
20. APPLICANT certifies the following: I verify the Battery System works, and I know how to operate it and maintain it in a safe and reliable manner. I agree to follow the manufacturer’s operational instructions, specifications, obtain any requisite permits, consents and comply with relevant laws, regulations, and building codes and standards required to operate and install the Battery System.
21. APPLICANT certifies that they are not a part of another demand response program (including but not limited to CAISO Proxy Demand Response or Reliability Demand Response Resource), Demand Side Grid Support (DSGS), or other load modification program.
22. APPLICANT acknowledges and agrees that 3CE may share personal information, including such information contained in the Application and this Agreement with any Program Vendor, or other authorized representatives during the term of the Agreement.
23. APPLICANT acknowledges that Vendor is a third-party beneficiary to this Agreement.
24. APPLICANT must complete and submit the program Application.
25.  APPLICANT consents to 3CE, Vendor and their respective agents, accessing and using Participant’s utility data, billing data, and CAISO data (“Participant Data”) for purposes of conducting and evaluating the Application and APPLICANT’s participation in the Program. Participant Data may be used for other purposes so long as the Participant Data does not contain personally identifiable information (including where Participant Data has been deidentified).
26. APPLICANT agrees to allow 3CE and Vendor to issue instructions to the Battery System to share energy to the grid, either during grid events or on a daily basis, in their sole discretion. 3CE will not call more than 50 grid events per program year.
27. APPLICANT agrees to enroll in Vendor’s battery performance tracking and management program and remain enrolled for the full program term. As used herein, “Vendor” means any provider of battery performance tracking services selected by 3CE for operation of the Program. As of the date hereof, “Vendor” is Lunar Energy . APPLICANT grants 3CE access and rights to data collected via Vendor for purposes of research, evaluation, monitoring, and reporting.  APPLICANT agrees to 3CE and  Vendor’s privacy and datal collection policy  in order to participate in the Program. If 3CE changes the Vendor after APPLICANT agrees to these terms and conditions, 3CE shall provide APPLICANT written notice of the new Vendor, its applicable privacy and data collection policies, and, if applicable, its enrollment processes. Any such Vendor change will become effective no earlier than thirty (30) days after 3CE provides APPLICANT such change notice. If APPLICANT objects to the Vendor change, APPLICANT will be removed from the Program and APPLICANT’s Rebate will be subject to refund to 3CE. If APPLICANT does not provide 3CE such objection notice, APPLICANT will be deemed to have agreed to the new Vendor and its applicable policies and processes.  
28. APPLICANT certifies that APPLICANT has disclosed any additional funding anticipated or received to fund the Battery System’s purchase and installation. Eligible costs include cost of the Battery System, cost of installation materials, cost of installation labor, and any additional eligible costs stated in the rebate eligibility guidelines. APPLICANT understands that the final Rebate amount issued can be up to but not exceeding 100% of eligible project costs, minus any current or prospective financial incentives or rebates from additional funding sources (“Net Eligible Cost”).