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Pacific Gas and <br /> 1 Electric Company" <br /> COMMUNITY CHOICE AGGREGATOR <br /> NON-DISCLOSURE AGREEMENT <br /> This Non-Disclosure Agreement("Agreement") is entered into by and between <br /> Pacific Gas and Electric Company ("Utility")and <br /> City of Pleasanton [name] <br /> a Munieip&: [describe political <br /> entity] corporation ("CCA") as of <br /> ("Effective Date"). This Agreement is executed pursuant to California Public Utilities <br /> Commission("CPUC") Order Instituted Rulemaking("OIR") 03-10-003, California <br /> Public Utilities Code("PU Code") Section 366.2 et seq., and applicable Utility tariffs(as <br /> modified hereafter from time to time). As used herein Utility and CCA may each be <br /> referred to individually as a"Party"and collectively as"Parties." <br /> The CPUC has determined that CCA may obtain specified confidential customer <br /> information from Utility pursuant to Tariff Schedule E-CCAINFO-Information (as <br /> modified hereafter from time to time) ("E-CCAINFO")as a community choice <br /> aggregator, as defined by PU Code Section 331.1, solely in order to investigate, pursue or <br /> implement community choice aggregation pursuant to PU Code Section 366.2, et seq. <br /> The provisions of this Agreement and E-CCAINFO govern the disclosure of Utility's <br /> confidential customer information to CCA("Disclosure Provisions"). <br /> The Parties hereby mutually agree that: <br /> 1. Subject to the terms and conditions of this Agreement, current proprietary and <br /> confidential information of Utility regarding customers of Utility ("Utility <br /> Customers") may be disclosed to CCA from time to time in connection <br /> herewith as provided by the Disclosure Provisions and solely for the purpose <br /> of investigating,pursuing or implementing community choice aggregation <br /> pursuant to PU Code Section 366.2, et seq. as a community choice aggregator. <br /> Such disclosure is subject to the following legal continuing representations and <br /> warranties by CCA: <br /> (a) CCA represents and warrants that, pursuant to PU Code Section 331.1, <br /> (1) it is either(i) a city or county whose governing board has elected to <br /> combine the loads of its residents, businesses, and municipal facilities in a <br /> community wide electricity buyers program or(ii)a city or county that <br /> intends to actively investigate or pursue delivery of electric service to <br /> customers located within the geographic territory of the CCA, and <br /> (2)that to investigate, pursue or implement community choice aggregation <br /> under PU Code Section 366.2 et seq., it requires certain Confidential <br /> Information, as defined in Section 2, below; <br /> Page 1 of 6 <br /> For <br /> Automated Document.Preliminary Statement Part A m'9-lot' <br /> Revised November 2006 <br /> Advice 27844--a <br />