SOUTHERN CALIFORNIA EDISON CO. - 2008

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IN3URANGE NOT REQUIRED ~ COPY N-2008-113 WORK MAY PROCEED CLERK OP GOUNCII DATE, c~ ,~,d~ COMMUNITY CHOICE AGGREGATOR NON-DISCLOSURE AGREEMENT ~'. P~ C3) ~p ,~ ,~i (' Q_(~ (e This Non-Disclosure Agreement ("Agreement") is entered into by and between x 5058 Southern California Edison Company ("Utility") and The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("CCA") as of ~oo-}e,n ~r la- , 2008 ("Effecfive Date"). This Agreement is executed pursuant to California Public Utilities Commission ("CPUC") Order Instituted Rulemaking ("OIR") 03-10-003, California Public Utilities Code ("PU Code") Section 366.2 et seq., and applicable Utility taziffs (as modified hereafter from time to time). As used herein Utility and CCA may each be referred to individually as a "Party" and collectively as "Parties." The CPUC has determined that CCA may obtain specified confidential customer information from Utility pursuant to Tariff Schedule Community Choice Aggregation - Information Fees (as modified hereafter from time to time) ("CCA-INFO") as a Community Choice Aggregator, as defined by PU Code Section 331.1, solely iri order to investigate, pursue or implement community choice aggregation pursuant to PU Code Section 366.2, et seq. The provisions of this Agreement and CCA-INFO govern the _ disclosure of Utility's confidential customer information to CCA ("Disclosure Provisions"). The Parties hereby mutually agree that: LSubject to the terms and conditions of this Agreement, current proprietary and confidential information of Utility regarding customers of Utility ("Utility Customers") may be disclosed to CCA from time to time in connection herewith as provided by the Disclosure Provisions and solely for the purpose of invesfigating, pursuing or implementing community choice aggregation pursuant to PU Code Section 366.2, et seq. as a CCA. Such disclosure is subject to the following legal continuing representations and warranties by CCA: (a) CCA represents and warrants that, pursuant to PU Code Section 331.1, (1) it is either (i) a city or county whose governing boazd has elected to combine the loads of its residents, businesses, and municipal facilities in a community wide electricity buyers program or (ii) a city or county that intends to actively investigate or pursue delivery of electric service to customers located within the geographic territory of the CCA, and (2) that to investigate, pursue or implement community choice aggregation under PU Code Section 366.2 et seq., it requires certain Confidential Information, as defined in Section 2, below; (b) CCA represents and warrants that it has all necessary authority to enter into this Agreement, and that it is a binding enforceable Agreement according to its terms; Form 14769 Page 1 of 6