The Template CCA Joint Power Agreement (and accompanying “Overview” presentation) incorporates best practices in design from the CCA and broader public power industry. It is intended for use by qualified counsel as a starting template for SBCP and other CCA initiatives that are interested in forming the Regional JPA of CCAs (as certain clauses should be standardized across member CCAs).
The agreement was based on Peninsula Clean Energy (February 2016), and edited to include language taken from the Sonoma Clean Power JPA, Redwood Coast Energy Authority JPA (amended December 2015), Northern California Power Authority JPA (NCPA, amended 2007), Silicon Valley Clean Energy (March 2016) and East Bay Clean Power JPA (October 2016).
In the SBCP agreement, the powers of the Board and Citizen Committee were enhanced, independent audits were broadened in scope, and both JPA debt liabilities & enforcement mechanisms for departing or terminated members were clarified — key ‘grey areas’ that were identified across all CCA JPAs reviewed.
SBCP’s redline version is available upon request for use by counsel — it tracks all changes, provides 21 comments noting the source and intent of each change along with any necessary industry context, and flags 12 sections for counsel review and local determination.