In 2008, the D.C. Council established, through the “Clean and Affordable Energy Act of 2008” (Act), authority to contract with a private entity, the Sustainable Energy Utility (SEU), to administer sustainable energy programs in the District. The

Act created a 13-member SEU Advisory Board to advise DDOE on the procurement of the contract with the SEU and monitors the progress of the SEU under its contract. The People’s is by law one of the members of the Board.

OPC-DC has actively participated in the twice monthly board meetings held since August 31, 2009, and is a member of the subcommittees created by the Board. Each member is required to have demonstrable expertise in energy efficiency or renewable energy. The SEU contract is funded by the Sustainable Energy Trust Fund (SETF), which is funded through assessments to Pepco and Washington Gas. The companies recover their respective assessments in rates as a surcharge on customers’ bills.

The Act sets a number of obligations for the Advisory Board that include adopting rules and procedures to govern its meetings and decisionmaking processes; recommending to the Mayor performance benchmarks for the SEU contract; submitting to DDOE and Council comments on the draft Request for Proposal for SEU bids; submitting to DDOE and the Council comments on the bids submitted for the SEU contract; meeting quarterly with representatives from the SEU to monitor the performance of the SEU and programs operated by it; and presenting an annual report on the progress of the SEU to the Council. OPC-DC provides staff assistance to DDOE as necessary for the Board to fulfill its mandate under the Act.

The People’s Counsel and OPC-DC staff have actively participated in the drafting the SEU Advisory Board’s bylaws, conflicts policy, and indemnification provisions, and in developing performance benchmarks to be established for the SEU. The Advisory Board adopted its bylaws and is currently considering the adoption of a conflicts policy, indemnification provisions, and performance benchmarks. The Board is also reviewing and commenting on the draft Request for Proposal for SEU bids. The SEU is expected to commence operations in 2012.

The SEU is required at a minimum, to reduce energy consumption and peak electricity demand, increase renewable energy generating capacity, and increase the number of green-collar jobs in the District of Columbia. OPC-DC supports these efforts and is committed to ensuring the SETF is utilized efficiently and effectively to fund SEU operations so tangible benefits can be derived for the District and its ratepayers and consumers.