[3] Xcel Energy’s Colorado Solar*Rewards Community Subscriber Agency Agreement - LP9 - Attachment 2


ATTACHMENT 2

XCEL ENERGY'S S*RC SUBSCRIBER AGENCY AGREEMENT

FOR XCEL ENERGY SOLAR*REWARDS COMMUNITY SERVICE (COLORADO)

 

SRC Subscriber Name:

SRC Subscriber Retail Customer Account No.:

SRC Subscriber Service Address: , , , ,  

SRC Subscriber E-mail Address:

SRC Subscriber Mailing Address: , , ,  

SRC Subscriber Telephone No:

SRC Producer (Subscriber Organization) Name:   SunShare LLC

Solar Garden ID No:  

Name and Location of Solar Garden:    

SRC Subscriber’s Initial Subscription Share (in kilowatts, or “kW”):_________ kW

The undersigned SRC Subscriber hereby authorizes SunShare, LLC (“SRC Producer”), and SRC Producer hereby accepts the responsibility, to act as SRC Subscriber’s agent for purposes of selling to Public Service Company of Colorado (“Public Service”) all of SRC Subscriber’s beneficial interest in and to the Photovoltaic Energy and associated Renewable Energy Credits generated by, and delivered to Public Service from, the Photovoltaic Energy System (“PV System”) identified above, including full authority for SRC Producer to enter into a long-term contract on behalf of SRC Subscriber for such sale and to administer such contract, all pursuant to Public Service’s Solar*Rewards Community Program and Rate Schedule SRC of Public Service’s electric tariff on file with the Colorado Public Utilities Commission (“Commission”) and in effect from time to time.

  1. Duties of SRC Producer Generally. SRC Producer shall be responsible for issuing and managing the subscriptions of all SRC subscribers in the PV System and for selling to Public Service the subscribed and  unsubscribed portions of the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System and delivered to Public Service at the production meter located at the PV System site. In performing such functions, SRC Producer shall be solely responsible for communicating directly to Public Service SRC Subscriber’s information concerning its subscription in the PV System, including its beneficial interest in the Photovoltaic Energy and associated Renewable Energy Credits generated and produced by the PV System. SRC Subscriber acknowledges and agrees that Public Service shall exclusively rely on such information as regularly and timely communicated from the SRC Producer for the purpose of calculating the SRC Credit that will be applied by Public Service and reflected on SRC Subscriber’s subsequent electric service bills as compensation for Public Service’s receipt of SRC Subscriber’s share of the Photovoltaic Energy and associated Renewable Energy Credits generated and produced by the PV System, in accordance with Rate Schedule SRC of Public Service’s Colorado Public Utilities Commission electric tariff.
    1. Adjustments of Prior Period SRC Bill Credits. To the extent the subscription information communicated by SRC Producer to Public Service and used by Public Service for purposes of calculating the SRC Credit applied on SRC Subscriber’s electric service bill was incorrect, SRC Producer shall be responsible for processing all corrections or other adjustments of SRC Credits previously applied by Public Service to SRC Subscriber’s electric service bills and to collect any overpayments and remit any underpayments for all such SRC Credits, as necessary, among SRC Subscriber and other SRC subscribers owning subscriptions in the PV System. SRC Subscriber acknowledges and agrees that any such corrections in amounts previously applied by Public Service as an SRC Credit on any of SRC Subscriber’s electric service bills for prior periods shall be administered exclusively by SRC Producer, and that Public Service shall not be required to increase or reduce any SRC Credit previously applied to SRC Subscriber’s electric service bill in any prior period to the extent such corrections are the result of incorrect subscription information for the PV System communicated to Public Service by SRC Producer. In connection with SRC Producer’s execution of its responsibilities to process any such adjustments to SRC Credits previously applied by Public Service with respect to the PV System, SRC Subscriber hereby authorizes  Public Service to disclose and release to SRC Producer any and all information reflected on SRC Subscriber’s bills for retail electric service for all relevant periods, as may be necessary for SRC Producer to fully and properly administer such prior period adjustments among all SRC subscribers in the PV System.
    2. Limitation of Agency. This Agency Agreement shall only serve to authorize SRC Producer to act as SRC Subscriber’s agent with respect to SRC Subscriber’s beneficial interest in and to the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System and delivered to Public Service to the extent that SRC Subscriber’s subscription continues from time-to-time to qualify as a valid subscription in the PV System in accordance with Section 40-20-127, C.R.S., the effective rules and regulations promulgated thereunder by the Colorado Public Utilities Commission, and Rate Schedule SRC of Public Service’s Colorado Public Utilities Commission electric tariff.
    3. Term of Agency and Termination. (a) This Agency Agreement shall become effective upon its execution by both SRC Subscriber and SRC Producer and shall continue in effect for so long as a valid and existing contract between Public Service and SRC Producer for the purchase and sale of such Photovoltaic Energy and associated Renewable Energy Credits shall continue in effect.
  1. This Agency Agreement may be terminated by either SRC Producer or SRC Subscriber upon Public Service’s receipt of notice that SRC Subscriber’s subscription in the PV System has been terminated or transferred in its entirety, or that SRC Subscriber no longer holds an interest in the beneficial use of the Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System.
  1. This Agency Agreement shall automatically terminate upon: (i) the effective date of the termination of the contract between SRC Producer and Public Service for the purchase and sale of Photovoltaic Energy and associated Renewable Energy Credits generated by the PV System; or (b) in the event of an effective assignment by SRC Producer of such contract, where Public Service has consented to such assignment in writing, the effective date of a replacement agency agreement between SRC Subscriber and the new owner or subscriber organization of the PV System that has taken assignment of such contract from SRC Producer.
    1. Representation and Acknowledgement. By executing this SRC Subscriber Agency Agreement, SRC Subscriber represents and warrants that the information stated herein is true and correct to the best of SRC Subscriber’s knowledge and belief and that SRC Subscriber has signed up for the stated subscription share size in the PV System through SRC Producer.
    2. Consent to Disclose Account Information. SRC Subscriber shall provide to Public Service a completed and signed “Consent to Disclose Utility Customer Data” form granting consent for Public Service to share information regarding SRC Subscriber’s past and present electric usage at the Service Address(es) identified above in order for SRC Producer independently to verify the extent of SRC Subscriber’s eligibility to hold a subscription in the PV System pursuant to Section 40-20-127, C.R.S., the effective rules and regulations promulgated thereunder by the Colorado Public Utilities Commission, and Rate Schedule SRC of Public Service’s Colorado Public Utilities Commission electric tariff. The Consent to Disclose Utility Customer Data form shall be that form posted from time to time on the Xcel Energy website or the website of the Colorado Public Utilities Commission.

IN WITNESS WHEREOF, this Agency Agreement was duly executed by the undersigned authorized representatives of SRC Subscriber and SRC Producer.

 

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Signed by SunShare, LLC -- Melina Fleming, Authorized Signer
Signed On: August 13, 2023


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Document name: [3] Xcel Energy’s Colorado Solar*Rewards Community Subscriber Agency Agreement - LP9 - Attachment 2
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December 5, 2021 8:51 pm MDT[3] Xcel Energy’s Colorado Solar*Rewards Community Subscriber Agency Agreement - LP9 - Attachment 2 Uploaded by SunShare, LLC -- Melina Fleming, Authorized Signer - no-reply@mysunshare.com IP 71.229.149.137
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