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memo 3 pages

Also attached to this agenda item: CCA Program Memo Croton 2024 Westchester Power Con Ed ESA - 2024-07-19

Amendment to 2024 ESA 7/19/2024 Amendment to 2024 Electric Service Agreement by and between the Village of Croton-on-Hudson, Constellation NewEnergy, Inc., and Sustainable Westchester (The Parties) RECITALS WHEREAS, Sustainable Westchester, Inc. (Program Manager), the Village of Croton-on- Hudson (“Municipality”) and Constellation NewEnergy, Inc., (“Competitive Supplier”) have executed an Electric Service Agreement (“the 2024 ESA”) for a community choice energy aggregation (“Community Choice”) program to provide Firm Full- Requirements Power Supply and Consolidated Billing as an alternative to Default Service for Participating Customers within the Municipality; WHEREAS, Section 4.9 of Exhibit A of the 2024 ESA provides for the execution of an amendment to Exhibit A of the 2024 ESA in the event that certain criteria are met to change the Default Product (as that term is defined in the 2024 ESA) to a 100% Renewable Clean Power Product that includes the purchase of 0% Tier 1 RECs; and NOW THEREFORE, IT IS AGREED THAT, Municipality, Program Manager, and the Competitive Supplier hereby enter into this amendment agreement subject to the terms and conditions below. 2024 ESA AMENDMENTS A. Clauses 1 and 2 of Exhibit A of the 2024 ESA are replaced with the following: 1. DEFAULT PRODUCT and PRICE. Competitive Supplier shall offer to Eligible Consumers and provide to Participating Consumers the following “Default Product” at the prices indicated below. 100% Renewable Clean Power Product at the following fixed prices: Service Class Fixed price per kWh Residential & Small Commercial $0.13298 * * Villages and cities in Westchester assess Gross Receipts Tax on energy sales. This is reflected in the billed rate and remitted to the municipality by supplier as required under 8.4.4. Amendment to 2024 ESA 7/19/2024 2. ALTERNATIVE PRODUCT AND PRICES. In addition to the Default Product described above, Participating Consumers may choose the following product(s) as an alternative to the Default Product at the prices indicated below 50% Renewable Clean Power Product at the following fixed prices: Service Class Fixed price per kWh Residential & Small Commercial $0.12178* * Villages and cities in Westchester assess Gross Receipts Tax on energy sales. This is reflected in the billed rate and remitted to the municipality by supplier as required under 8.4.4. B. The definition of the 100% Renewable Clean Power Product in Clause 3 of Exhibit A of the 2024 ESA, FURTHER DEFINITIONS is replaced with the following: “100% Renewable Clean Power Product” means Firm Full-Requirements Power Supply matched with 100% New York Voluntary EDP Renewable RECs. This 100% Renewable Clean Power Product includes a voluntary purchase of Renewable Energy Certificates (“RECs”), supporting the NY Environmental Disclosure Program that are sourced from New York Voluntary EDP Renewable RECs in an amount equal to 100% of the Participating Consumers’ electricity usage including any additional RECs required to account for line loss. 0% of these RECs shall be New York State Tier 1 RECs. This is in addition to Competitive Supplier’s obligation to make REC purchases associated with New York Clean Energy Standard requirements applicable to Competitive Supplier. All other terms and conditions of the 2024 ESA shall remain unchanged. This amendment to the 2024 ESA shall become effective when it has been executed by the Parties. //Signatures Follow// Amendment to 2024 ESA 7/19/2024 COMPETITIVE SUPPLIER – By: Name: Title: Dated: MUNICIPALITY – By: Name: Bryan Healy Title: Village Manager Address: Croton-on-Hudson, NY 10520 Dated: PROGRAM MANAGER – Sustainable Westchester By: Name: Noam Bramson Title: Executive Director Address: 40 Green Street, Mount Kisco, NY 10549 Dated: